A family member in 'care'.

[sandyRoe]

A young family member is now living in a care home following an accident which resulted in serious head injuries. He is claiming housing benefit to help pay the costs of his accommodation. I've just discovered that he has more than £20,000 in a savings account with his bank.
If this is discovered what action would be taken against him? I don't think that he now has the mental capacity to understand court proceedings.

[sandyRoe]

Nobody any thoughts on this?

[ummmm]

If it's anything like care homes for the elderly then he'll be allowed £23,500 in savings.

[cazzz1975]

I think there is a limit to the amount of savings that are allowed when claiming housing benefit

[emmie]

You could contact MIND, if he has mental health difficulties for advice.

[sandyRoe]

Thank you all.
His mother found out about the savings and she's worried. My first reaction was, don't rock the boat.

[ubasses]

Housing benefit has a savings limit of £16,000, has someone in the family got power of attorney so they can act as his representative, with the authorities. If he has not got enough mental capacity the worst that will probably happen is having to pay some back.

[cazzz1975]

Here is a useful link

http://m.direct.gov.u...1107271305&pg=¶m=

[LoftyLottie]

I think as ummmm says you are allowed up to £23,500 nowadays. In fact I know you are.

Also I don't understand how he is claiming housing benefit to pay for a care home. The costs would be determined by applying through Social Services and paid direct to the Care Home. He wouldn't be getting housing benefit.

[ummmm]

I can only go by what was said to my grandparents. House benefit for a care home, I believe, is assessed differently to that of a house.

[ummmm]

Like Lottie said....it was SS that told us that.

[LoftyLottie]

If his care home is being paid for by the state, then there would have been forms filled in where you declare your savings, etc. If these forms were not filled in my family members, then they were probably done by Social Services and they would have made enquiries about his finances.

Personally, I would tell his mother not to worry about it.

[sandyRoe]

I think the Housing Executive pay most of his accommodation charges and the rest come from his Disability Living allowance.
He has a social worker who probably completed the forms for him. She wouldn't have known about his savings and clearly he didn't say.
AS Ubasses said, if the worst comes to the worst he'll probably have to pay back any overpayment.
His mother acts on his behalf, receiving his payments of benefit into her bank account.

[ummmm]

Either way Sandy he'll be allowed £23,500 in savings. So he's not doing anything wrong.

[sandyRoe]

Ok. Thank you, Ummm. That will be good news for his mother.

[cassa333]

Get in touch with one of the charities that deal with this sort of thing. Mencap or the brain injury trust may be able to help.

If he is of diminished responsibility then he should have either a power of aterny (sorry about the spellings) or a court appointed gaurdian. They will then take on the responsibility of making sure his care is adequate and all financial matters are delt with properly.


A relative of mine got a 7.2m payout and he does get some beneifits in the same way that millionair pensioners still get the old age pension!!!but he obviously not much.

[themas]

I believe the £23500 is the upper limit. Below that, some contribution has to be made until the savings are reduced to a much lower figure (I think about £12 or 13K).

As has already been said, he is not getting Housing Benefit. In my view the Social Services people should be told about the £20K & they may then review the amount he has to contribute to his care. If he does not have mental capacity & the social worker completed the form without asking his mother or anyone else (other than the person in care) about his finances, then they have only themselves to blame & should not try to recover money due for past periods.