Mandatory Property Disregard PIP

onedayatatime
onedayatatime Online Community Member Posts: 235 Empowering

I'm in need of some advice and guidance please, about when a 'mandatory disregard of property ' applies relating to care home fees, PIP and how the process works.

I have been a full time carer for my mum for several years, living in her home that she owns.

I receive PIP for myself which is currently awarded for 5 years.

My 89 year old mum has dementia and needs 24hr supervision. Her physical health and mobility have also dramatically declined.

At the moment, mum is in Respite Care while I recover from surgery.

She is due to stay for 6 weeks and has just come to the end of her 5th week at the care home. This is being paid in part by the council, the rest from her state pension.

I have asked Social services for her stay to be extended but also raised the possibility of mum remaining in the care home as a permeant resident. They are yet to respond.

I physically can no longer look after mum, it is now beyond my capabilities.

I see the level of care she receives within the care home is far more than I am able to give her. She engages more with people, participates in activities and receives the full care she needs.

She appears to be comfortable and not distressed at being there.

My question relates to the funding of the care home if she were to remain as a permanent resident and if a Disregard of Property would apply where I would be able to continue living in mum's home or if I would need to move out?

I've looked after mum, living in her home, for several years.

I am 55 years old and in receipt of PIP.

Neither mum or myself have savings, but mum does own her home.

Would a mandatory property disregard apply towards funding of a care home even if my PIP award has only been given for 4 years?

My own physical conditions are chronic and long term but I have not been through the process of having it reviewed. It is not due to be reviewed until 2027.

How does the Property Disregard process work?

I apologise if this post comes across in anyway as not being considerate to mum. That is not my intention.

Whilst acknowledging that I can no longer meet mums care needs has me feeling extremely guilty, I acknowledge that her needs are being very well met within the home.

I also must accept that my own physical capabilities, needed to care for mum, have gone beyond my limits.

This is obviously a very emotional situation, but it also raises concerns that I may need to move out of the house in order for it to be sold and used for funding. If so, I need advice and guidance around that too.

My head is somewhat scrambled with everything right now and I am unsure what I should be doing or in what order to do things.

Any advice or guidance around any of this would be gratefully appreciated.

Comments

  • Albus_Scope
    Albus_Scope Posts: 9,474 Scope Online Community Coordinator

    Hey @onedayatatime I can understand how difficult a decision that will be for you, but I know you have your mums best interests at heart and you also need to be looking after yourself. I totally get the feeling of guilt, but if you can both gain from this, then you shouldn't feel guilty.
    When it comes to help with property disregard and PIP, I'm afraid this is out of my realm of expertise, but I know we have plenty of people on the community who have the right advice for you. 😊 I'll try and do some googling tonight and see if I can come up with anything.

  • MW123
    MW123 Scope Member Posts: 1,044 Championing
    edited September 2024

    @onedayatatime

    I can only imagine how challenging and emotional this time must be for you. The care and dedication you have shown in looking after your mum have been extraordinary, and it is completely natural to feel conflicted about the next steps.

    Given your situation, you might qualify for a mandatory disregard of the property when calculating your mum’s care home fees, as you are under 60, receiving PIP, and continue to live in the property as your only home. This means the value of your mum’s home may not be counted in the financial assessment.

    However, the care fees will still accrue as a debt against the property, which would need to be repaid if your mum sadly passes away, typically through the sale of the property.

    To confirm your eligibility for this disregard, contact your local authority or social services and provide evidence of your PIP status and living situation. They will assess whether you meet the criteria. Additionally, consider reaching out to Age UK or a financial advisor for detailed advice specific to your case. They can help you navigate the process and understand your options.

    Most importantly, remember to take good care of yourself. Situations like this can be incredibly draining, especially when you are not in good health yourself. xx

  • onedayatatime
    onedayatatime Online Community Member Posts: 235 Empowering

    Thank you @Albus_Scope

    @MW123 would this be something to do with a 'Deferred Payment?' Is this when mum's home is included in her financial assessment? If there is a Disregard of Property because I am still living here and in receipt of PIP, would the home not be included in the financial assessment? I'm so confused with everything, but will definitely take your advice and speak to someone at Age UK. Thank you both for your kind words.

  • MW123
    MW123 Scope Member Posts: 1,044 Championing

    @onedayatatime

    A Deferred Payment acts like a safety net, allowing the council to cover your mum's care home fees upfront. The payment is secured against her home, and the amount is repaid when the house is eventually sold.

    On another note, the Property Disregard is a special rule that could shield your mum's home from being included in the financial assessment for care costs. This can occur if you, her dependent child, are residing in the home and are entitled to benefits such as PIP.

    In essence, the disregard rule could safeguard the house from immediate sale to finance care, but whether it applies depends on the details of your case. Age UK can assist in determining your eligibility for the Property Disregard and can clarify all available options in a straightforward manner. This way, you can make informed decisions about your mum's care, without worrying about the house.