What is a top up? A top up is a payment made to cover the difference between a person’s care fees in a care home and the fee the local authority is prepared to pay towards the cost of a person’s care. This situation will only arise where the local authority is contributing to the cost of someone’s care, and it will not be applicable to someone who is self-funding the full cost of their care. You can access further information about care fees funding here. A top up is usually relevant where a person (or their representative or third-party) has chosen a care home where the fees are more expensive than the rate a local authority will agree to fund. Who can pay a top up? The service user (the person receiving the care) cannot usually pay for the top up from their own funds. A third-party (relative, friend or charity) can choose to pay the top up for the service user. What if no-one can afford to pay the top up? If the choice of a more expensive care home was simply a preference, the top up must be paid. Otherwise, the service user will be forced to move to a care home with fees within the local authority’s rate. If, however, it can be demonstrated that there is a need (as opposed to a preference) for the person to reside at a more expensive care home, the local authority may be liable to pay for the top up itself. Similarly, the local authority should not look to charge a top up if the more expensive care home was the only option put forward by the local authority as being appropriate for the person’s needs. Is the position the same for health care funding? Care fees funded by the local authority fall within social care. Care fees funded by the NHS fall within health care. NHS continuing health care is fully funded by the health service. A top up for the cost of care to meet a person’s assessed needs must not be sought. However, it might be possible to pay privately for add-on “extras”, such as a larger room or en-suite. How can Morr & Co help? We can assist with advice if relating to top ups, including the legality of any requests made of a service user or third-party to top up care fees. If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Court of Protectiton team on 0333 038 9100 or email info@morrlaw.com and a member of our expert team will get back to you. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Alice Watkins Associate Solicitor Message Tags Insights On this page Contact our team today to find out more Contact us
