Understanding Care Homes and Funding in Northern Ireland: A Guide for Families – J J Taylor & Co Solicitors

Understanding Care Homes and Funding in Northern Ireland: A Guide for Families

As we or our loved ones age, ensuring they receive the care they need becomes a priority for families across Northern Ireland. The decision to move into a care home can be difficult, fraught with emotional and financial considerations. In this blog post, we aim to demystify the process, focusing on the types of care homes available, the assessment process, and the various funding options that may be available. By the end of this guide, we hope you will feel a sense of relief and reassurance, knowing that you have a comprehensive understanding of the care home and funding process.

Types of Care Homes in Northern Ireland

In Northern Ireland, care homes generally fall into two categories: residential care homes and nursing homes.

1. Residential Care Homes: These facilities provide accommodation, meals, and personal care, such as help with washing, dressing, and medication management. They are suitable for individuals who can no longer live independently but do not require nursing care.

2. Nursing Homes: In addition to the services provided by residential care homes, nursing homes offer 24-hour medical care from qualified nurses. This option is ideal for those with more complex health needs.

Some care homes offer both residential and nursing care, allowing residents to stay in the same place even if their needs change over time.

The Assessment Process

Before considering a move to a care home, it’s important to undergo a care needs assessment. This assessment, carried out by the Health and Social Care (HSC) Trust in Northern Ireland, is a critical step in determining the level of care required and whether a care home is the best option.

During the assessment, the HSC Trust will consider:

– The individual’s physical and mental health needs.

– The level of support required for daily living activities.

– The availability of family or community support.

Based on this assessment, the HSC Trust will recommend the type of care needed and, if appropriate, will provide a list of suitable care homes.

Some things the Trust are not entitled to:

The financial information of the spouse of the resident,

Any financial information or contribution from a third party,

Details of anything the resident did before entering care (except in limited circumstances).

There is no “7-Year Rule” whereby the Trust can claw back anything transferred away by a resident in the seven years before entering care. In particular cases, an asset may have to re-enter the estate, but these will differ depending on the individual’s circumstances.

Funding Care Homes in Northern Ireland

The cost of care can be significant, and understanding the funding options available is crucial. In Northern Ireland, funding for care homes can come from several sources:

1. Self-Funding: If your loved one has savings or assets above a certain threshold, they may need to fund their care. As of 2024, this threshold is set at £23,250. Below this amount, partial or complete funding from the HSC Trust is available. Below £14,500, the patient no longer is required to fund their care.

2. HSC Trust Funding: If your loved one’s assets are below the threshold, the HSC Trust may contribute to the cost of care. However, they will conduct a financial assessment to determine the funding they will provide. The evaluation will consider income, savings, and any property owned. If the resident’s spouse lives in their house, the house will not be considered for the financial assessment (until the spouse leaves the home or passes away).

3. Third-Party Top-Up: In cases where the HSC Trust funds care but your loved one wishes to stay in a more expensive care home, a third party (usually a family member) may be able to pay the difference in cost, which may be known as a top-up fee. THIS PAYMENT IS NOT MANDATORY. DO NOT LET CARE HOME STAFF, TRUST STAFF, OR SOCIAL WORKERS TELL YOU SOMEONE OTHER THAN THE RESIDENT IS RESPONSIBLE FOR ANY FEES!

4. NHS Continuing Healthcare: For those with complex medical needs, NHS Continuing Healthcare may cover the total cost of care. This funding is not means-tested and is based solely on health needs. Eligibility is determined through a comprehensive assessment by the HSC Trust. Following a recent High Court ruling, the current legal framework around this area is in flux. Although the Trust has appealed to the Court of Appeal, we’ll get clarity on this matter shortly.

5. Deferred Payment Agreements: If your loved one owns a property, they may be able to enter into a Deferred Payment Agreement (DPA) with the HSC Trust. This allows the Trust to charge the property and cover care costs, which will be repaid when the property is sold.

6. Care Annuities: These insurance policies pay a regular lifetime income towards care fees and can be index-linked to keep up with rising prices.

Legal Considerations

Navigating the legal aspects of care home funding can be complex. However, by understanding and considering the following, you can empower yourself and your loved ones, ensuring you are in control and confident in your decisions:

Power of Attorney: If your loved one lacks the capacity to make decisions about their care or finances, it is critical to ensure a Power of Attorney is in place. This legal document allows a trusted individual to make decisions on their behalf.

Wills and Estate Planning: Entering a care home often prompts a review of wills and estate planning. Ensuring these documents are up-to-date can help protect assets and ensure your loved one’s wishes are respected.

Conclusion

Deciding on care home arrangements is a significant step that involves careful consideration of both care needs and financial implications. Understanding the available options and legal considerations, such as the importance of having a Power of Attorney in place if your loved one lacks the capacity to make decisions about their care or finances, and the need to review wills and estate planning when entering a care home, can help families make informed decisions, ensuring the best care for their loved ones.

It is also important to reiterate that only the resident must pay for their care legally. Do not sign anything that states you will pay or be responsible for your loved ones’ care. If this practice were attempted by a private individual/entity, it would be deemed fraudulent and extortive. As it’s effectively the State, they can get away with it. I repeat, do not sign anything

At J. J. Taylor, we are here to provide expert guidance on all aspects of care home planning, from navigating HSC assessments to securing appropriate funding. You are not alone in this process. Contact us today to discuss how we can assist you in making the best decisions for your family’s future. It is also vital to consider your circumstances if you may need long-term care in the future.

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