'Can the council take my inheritance to pay for my grandmother's care?'

I’m the executor of my grandmother’s estate. Her local council are asking for £2,018 in care fees from her bank account. The council took months to undertake a care needs and financial assessment. This meant that my grandmother’s savings dropped significantly below the £23,250 upper capital limit before they started to contribute towards her care. Do you think that this is worth pursuing?A Which? Money member

'Wealth matters when paying for care - but so does timing'

Simon Dicey, Which? Money expert, says...

Yes, I think you’re well within your rights to challenge this, as your grandmother arguably paid more than her fair share for care.

Local authorities must contribute to care funding if your total assets are worth less than the upper capital limit. 

This is £23,250 in England and Northern Ireland, £32,750 in Scotland and £50,000 in Wales. This is decided by the financial assessment your grandmother waited for. 

The council’s delay meant your grandmother paid out thousands of pounds in care fees that should have been paid by the council had it completed the financial assessment promptly. 

This was despite family members approaching the council several weeks prior to the funds dropping below the threshold.

It upheld your complaint and told the council to pay you £1,344.

Like other ombudsmen services (such as for financial or energy firms), the Local Government & Social Care Ombudsman is free to use, if you go direct, and can help hold councils to account.

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source https://www.which.co.uk/news/article/can-the-council-take-my-inheritance-to-pay-for-my-grandmothers-care-ajDgv5S9Ds7m