A case study revealing how Local Authorities can make errors when means testing, and how strong legal support can ensure that these mistakes are corrected.
Our Mental Capacity and Community Care team were recently instructed to review the care fees charged by a Local Authority. This was on behalf of a gentleman in a care home.
In most cases the cost of a person's care is means tested, and if you have under £14,250 your care will be funded by the Local Authority, with only a contribution taken out of your income.
The Local Authority will calculate the amount you can afford to pay towards your care. This calculation will consider your income and then work out how much the Local Authority must leave you to live on.
When means testing goes wrong
In this gentleman's case, the Local Authority had not made any allowance for the fact he is a joint property owner with personal obligations towards paying the mortgage, upkeep and bills.
The Local Authority's calculation left this gentleman with only £28 each week remaining from his income. This was not sufficient to cover his personal expenses and his contribution towards the property.
Robust legal representation leads to a care home fee credit
Managing Associate Ruth Tarr successfully argued that the Local Authority had not calculated this gentleman's liability accurately according to the Care and Support Statutory Guidance.
The Local Authority initially tried to stand firm but eventually agreed to correct this gentleman's account. They applied a credit of over £2,200 in backdated care costs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
