Extra Charges

If you are relying on financial assistance but decide you want to choose a more expensive care home or choose more expensive accommodation within a particular care home, which are not deemed necessary for your care, the extra charges must be met by a third party or third parties such as a family members or friends. (This is often referred to as a "third party top up").

You can't usually pay your own top-up fees; they're generally paid by third parties, such as friends, relatives or charities. If someone has agreed to pay a top-up fee for you, they may choose to pay this directly to the care home. The council must be satisfied that the person is willing and able to pay the top-up fee for as long as it's needed.

You can only pay your own top-up fees (known as first party top ups) in one of the following situations:

• you have entered into a 12-week property disregard period
• you have a deferred payment agreement with the council
• your accommodation is being provided under section 117 of the Mental Health Act 1983 as aftercare.

The arrangement for the top-up fee should consider important points including the frequency of the payments and how much you'll have to pay. If the person is unclear about, or disagrees with, any aspect of the top-up fee agreement, they should seek independent financial advice (further details below).

Paying the extra charges yourself

If you pay the extra charges out of your own savings, your savings will reduce. If this happens you will become reliant on a higher level of state financial assistance sooner than necessary and this is not allowed.

A third party/parties who agree to pay the top up fees for you must enter a contractual agreement between themselves, the Council and the Care Home. Their rights and Obligations are detailed in the placement agreement which is a contractual document that all parties must sign. Third parties can find out if they can afford to cover their top up fees at Money Helper

If third parties agree to pay top-up fees, they must be satisfied that they can afford to continue paying for as long as it's needed. If they stop making top-up payments it is highly likely that you will have to move to more affordable accommodation.