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Care homes

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Care Homes

5. Your right to choose a home

Even if the local council is arranging and paying for your care home, you should have some choice as to which home you move to. It should not be a case of you moving to where you are told there is a place.

Your local council may suggest a particular home to you, or offer a choice of homes. However, you may not like the suggested home when you visit it, or you may have a particular home in mind. If so, you can ask the local council to arrange a place for you in the home that you prefer. If you do move to a home outside your local council area they will still be responsible for arranging payment.

If you choose a home that is in another country in the UK you will need to ask your local council if they can make a special arrangement. You will be assessed under the rules from the country you are moving from.

Apart from the restrictions mentioned above, you should be able to move to the home of your choice as long as:

  • your chosen home has a place available;
  • it is suitable for your assessed needs;
  • the home will enter into a contract with the local council under the council's usual conditions; and
  • it doesn't cost any more than the local council would usually expect to pay for someone with your needs.

Top-up fees
You may want to move to a home that does cost more than the authority would normally pay. In this case, someone else (usually a relative or a charity) will need to make up the difference. However, if this is an option for you, check what will happen if the fees go up in the future. Will the third party be able to meet the costs? Will the local council have a responsibility to cover part of the increased fees?

You cannot usually top up your own fees. In England, Scotland and Wales you can only do this if:

  • you have a deferred payment agreement with your local council; or
  • your property is being disregarded for the first 12 weeks of entering into care.

In Scotland, you can only do this if meet one of the above criteria, or if you better off as a result of free nursing care or free personal care (and have arranged to have you care arranged by the council).

In Northern Ireland you can't top up your own fees, you can only get help from a third party. For more information about this contact our free advice service SeniorLine on 0808 808 7575.

For more information on top-up fees check with our free advice service SeniorLine on 0808 800 6565 (0808 808 7575 in Northern ireland).

Liable relatives rule

The liable relatives rule was abolished in England and Wlaes on 5 April 2009. In Scotland, the liable relatives rule had already been abolished. This means your local council cannot ask your husband, wife or civil partner to contribute towards your fees.

In Northern Ireland, the local health and social care trust can ask your spouse to make a contribution if you are unable to pay yourself. Seek advice if your spouse is asked to make a contribution.

The local council does not have the right to assess your spouse's finances. If it wants your husband or wife to make a payment, the local council  has to ask him or her to agree to a sum that they can afford. If no agreement is reached then the local council will have to go through the courts to set a ‘reasonable’ amount.

Going to court is seen as a last resort. The local council will only do this if they believe that your spouse has sufficient money to contribute towards your care without suffering any hardship. Even if the requested payments are not being made, the local council still has to provide the accommodation you have been assessed as needing.

For more information about the reliable relatives rule, call SeniorLine on 0808 800 6565 (0808 808 7575 if you live in Northern Ireland).

 
 
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Free advice:

SeniorLine
0808 800 6565
(Textphone-Minicom 0800 26 96 26)
Seniorline in Northern Ireland
0808 808 7575 

Publications and downloads

Care Homes
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Care At Home

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