12.1 Third-Party Top-Ups
For a Third-Party Top-Up to be put in place, a third-party – such as a family member(s), friend, employer, organisation or charity – must be willing and able to pay the difference between the personal budget and the actual cost of the accommodation (or the associated accommodation costs for supported accommodation).
To avoid the risk of you needing to move to different accommodation, we will usually discourage a Third-Party Top-Up unless the nominated third party can demonstrate that they are willing and able to pay the additional costs on an on-going basis (or up to the duration of the service user’s likely time living in the accommodation if it is a short-term arrangement).
We will require a letter from a legal representative of the organisation confirming that the organisation has the means and capacity to sustain payments for the period required to accompany a signed Third-Party Top-Up Agreement.
A Care Finance Officer will undertake a financial assessment of the individual(s) requiring documentary evidence of financial resources identified to meet the top-up payments, such as bank statement and details of financial commitments. This is to ensure that they have the means and capacity to sustain the payments for the period required. Completion of this assessment along with a signed Third-Party Top-Up agreement is required before we will agree to someone moving to the more expensive preferred accommodation.
A Care Finance Officer will send you a Third-Party Top-Up financial assessment form (Annex C) by post you are required to complete and return this to the Care Finance Team within 14 days of the date the form was sent to you.
We will write to you if we require any further information from you, any additional information requested must be provided within 14 days of the date the information was requested.
The Adult Social Care Commissioner will review the financial assessment form to verify that the proposed Third-Party Top-Up do not place the Council at undue risk, while taking account of the Council’s responsibility to safeguard the individual in need of care.
We will confirm to you in writing if the Third-Party Top-Up is agreed within 14 days from the date that the Council holds all the required information.
If the Third-Party Top-Up is agreed you will be sent the Third-Party Top-Up agreement for signature and return, this must be returned within 14 days of the date it was sent to you. The Council will not agree the placement until we hold the signed agreement.
You are required to notify the Council of any change in financial circumstances immediately and the Council reserves the right to review the Third-Party Top-Up agreement. The Council may end the agreement in any of the following circumstances:
- You fail to make payment of the Third-Party Top-Up amount in full within 14 days of the date of a reminder letter
- You fail to make three payments of the Third-Party Top-Up amount in any 12-month period
- You notify the Council in writing that you are no longer able to sustain the agreed weekly payments, for example, the Third-Party Top-Up amount, due to a change in financial circumstances
- The Council, on reviewing a change in financial circumstances, concludes you are no longer financially able to sustain the agreed weekly payments
If the application is refused the Council will tell you the reason/s and we will write to them to confirm this decision. Our letter will explain:
- The reason(s) for refusing the application
- How to appeal our decision about Interim Funding
- How to make a complaint
- That we will tell the care accommodation provider the date the Council will stop funding the care costs or that the additional room/service is not agreed.
If you fail to comply with the above time frame for providing information the Council will not agree the placement and can, at their discretion, refuse any further application to allow a Third-Party Top-Up.
We review all Third-Party Top-Up agreements at least annually, and sooner where there is a change in your situation.