Residential and nursing care

Third Party Top Up payments are also known as Third Party Contributions.

If you have been assessed as needing care in a residential or nursing home, we will find a care home that will be able to meet those needs in line with our contracted rates for those services, which is what we pay to the care home.

However, you might wish to choose a different accommodation to the one identified by us as being able to meet your needs. If you do, and your chosen care home is more expensive than the one we have identified as suitable to meet your care needs, an additional payment will need to be made to pay the difference between the two amounts. This type of additional payment is called a top-up payment and it must be paid by a third party.

This top-up payment is in addition to both the assessed financial contribution required to be paid by the person receiving the care and to the amount we will be contributing towards the care.

A top up payment may also be required where you have been paying privately to live in a care home which is more expensive than our normal rate and you wish to remain there when you become eligible for help from us with your fees.

What if my assessed care needs are such that they cannot be met at the normal Council’s rate?

Where your assessed care needs mean that you require accommodation which will cost more than our normal rate, then we will fund the cost of your care at the higher rate; however, should you choose accommodation that costs more than the amount we have agreed to pay to meet your needs a top up payment would be required.

Who can pay the top up payment?

The Care Act (2014) defines the rules about who can pay a top-up and, in most circumstances, you are not allowed to pay it yourself if you are the person receiving care.

A top-up payment may be made by a friend or relative of the person who receives the care or, in some cases, by a charity. The person making the top-up payments is often called the third party as they are not the Council, and they are not the service user.

Can I pay the top up Payment myself?

You are not allowed to make a top-up payment yourself, either from any savings or from your personal allowance except in very special circumstances.

These are:

• if as a result of your financial assessment you are subject to a 12-week property disregard
• you have entered into a deferred payment agreement with us - this is at our discretion and if agreed, the terms of the agreement will reflect the arrangement in place
• you are living in accommodation, and this is provided under Section 117 Aftercare

The Financial Assessment Officer will be able to give you more information regarding these circumstances during your financial assessment; and your individual circumstances should have been discussed during the care planning process with your social care worker.

How is a top up payment made?

There are a number of options for the payment of the top up fee and these will be discussed with you by our Care Connections Team or your allocated social care worker.

The third party who will be paying the top up amount will have the opportunity to have a financial assessment to determine whether the top up amount is affordable and sustainable for a period of at least two years, however it is expected that the top up amount will be paid by the third party for the duration of the care home placement.

All parties will need to sign a tri-partite agreement provided by us, which clearly stipulates what is covered in this agreement and where liability will lie in the event of failure to maintain these arrangements. Should you have any questions about Third Party Top Up arrangements, please contact your allocated social worker or the Care Connections Team.

What will happen if the Third Party can no longer meet these payments due to a change in circumstances?

Should the third-party default on payments or inform us that they are no longer able to afford the top up amount, we will conduct a re-assessment of the person’s needs, including a best interest assessment where appropriate.

If the third party is unable to continue with the top up arrangement we may look to offer a more affordable care home.

If you require further information you may wish to contact another organisation such as Age Concern, Citizens Advice or your solicitor for independent advice on Top up Payments.