Top-ups and first and third-party contributions
If you choose to move to a care home which is more expensive than your personal budget, you will have to consider how you will pay the shortfall. This could come from a relative or friend and this top-up is known as a third-party contribution.
Your personal budget is the cost it would take for us to meet your eligible social care needs following a care needs assessment.
The choice you have about where you live
Under the Care Act 2014, if we assess that you need accommodation and you express a preference for a particular care home, we will make arrangements for care within that home providing:
- we are fulfilling our duty to spend our public funds responsibly
- it is suitable for your assessed care and support needs
- the cost is within your personal budget
- a suitable vacancy is immediately available
- the care provider is willing to accept the council’s terms and conditions
If you choose a care home outside of Dorset, we will still arrange your care if it meets your assessed needs. Your personal budget will reflect the cost of care in your chosen area.
Choosing a care home that costs more than your personal budget
If you choose a setting that is more expensive than the amount in your personal budget, a top-up will be payable.
How third-party top-ups are agreed
- When a third-party agrees to pay a top-up on your behalf, we will make sure that person is willing and able to pay for at least a two-year period.
- We will ask the third-party to give us details of their assets and liabilities, as well as their income and expenditure.
- If your third-party is unable to show us they will be able to afford the top-up, we will consider moving you to another care home that can meet your assessed needs.
- You can have more than one third-party contributing towards your top-up. We will ask them all to show us they will be able to meet their share of the cost, for the initial two-year period. We will ask one person to take responsibility for signing the agreement and paying the third-party top-up by Direct Debit.
The payment for the third-party top-up cannot come from your own assets and cannot usually be collected from your bank account.
What happens if your third-party stops paying
If your third-party stops paying the top-up, we will seek to recover any outstanding debt. We might have to make alternative arrangements to meet the needs for care and support you have at that time. You may have to move away from the care home you are living in.
If you move into the home before the financial assessment takes place, and the outcome of the assessment is that the third-party top-up contribution is not affordable, you could be asked to move.
Paying your own first-party contribution (top-up)
You are not usually allowed to pay your own top-up. This is to ensure you are not spending all your own capital on your care fees as there could reach a point when you run out of money completely.
There are a specific set of circumstances where you can pay your own first-party top-up which are:
- Where your care is funded under Section 117 of the Mental Health Act 1983.
If this is the case, you do not have to make a contribution towards the cost of your care. You can then use your available capital and/or income to pay a first-party top-up.
- Where your care is being funded under a 12-Week Property Disregard.
This is because you have assets in the form of a property which means that you are meeting the full cost of your care.
- Where your care is being funded under a Deferred Payment Agreement (DPA).
This also means that you have assets over £23,250 and are receiving a loan from Dorset Council, which will be repaid in the future.
If you are choosing to pay a first-party top-up, you will also need to provide evidence that you can afford to pay the top-up, either from your own capital or from the income you receive.
We will collect the top-up payment via a Direct Debit.
If you lack capacity to express your own choices, we will follow the instructions of the person authorised to make decisions on your behalf. That may be a Power of Attorney or Court appointed Deputy.
Reviewing the top-ups
We will review the arrangements for any top-up after a two-year period. This is to ensure that the payment continues to be sustainable.
Appealing against a decision
If you are not happy with a decision we have made, you can appeal.