Top-up guidance

It is important that service users are aware of the following:

• The person paying the top-up should be aware that the top-up amount may vary as service providers’ review their fee levels and this may affect the level of the top-up payment. However, the provider must inform the council of any planned fee increases and should never approach the person making the top-up payments.
• The personal budget will be considered in the regular reviews of a service user’s care and support plan and may be adjusted in response to increased costs generally or to an increase in their care needs. This may result in the top-up amount being reduced.
• The service provider of the preferred accommodation may increase their costs. Unless this is matched by an increase in the customer’s personal budget the additional cost will be passed on to the payer of the top-up.
• The top-up payment will always be the difference between the service providers weekly rate and the person’s personal budget.
• Whoever is paying the top-up i.e. the customer or the third party will need to sign a written agreement confirming that they are willing and able to meet the difference in cost and will continue to do so throughout the persons stay. The preferred placement will not commence without a signed agreement being in place.
• In certain circumstances and depending on the size of the top-up amount, the council may require the person who has agreed to top-up to provide reasonable evidence of how they would afford the weekly payment. They may be asked to provide details of their assets and liabilities, as well as their income and expenditure.
• If the council is not satisfied that the person paying the top-up will be able to afford the top-up for the duration of the person’s stay, then the Council will NOT agree to arrange care and support with the preferred service provider. Any outstanding debts already incurred will be considered as part of the decision-making process on a third party’s ability to afford a top-up arrangement.
• If the person paying the top-up is unable to continue to pay the difference then the service user is likely to have to move to another room within the accommodation or to other accommodation that charges fees that are within the amount set in the person’s personal budget.
• Any move to other accommodation will only take place after re-assessment of the person’s needs to make sure that the alternate accommodation is able to meet their needs.
• Where the council incurs the costs of the top-up payment prior to making alternative arrangements within the customer’s personal budget, the council will seek to recover these costs from the top-up payer under the top-up agreement.
• If the council is unable to transfer the service user to an alternative accommodation and the council subsequently has to take over the original top-up amount, recovery action may be taken against the top-up payer.
• If the council and the person paying have entered into the top-up agreement are satisfied that it is sustainable for the duration of the stay but something has changed unexpectedly that impacts on their ability to pay (e.g. serious illness of the person paying so that they no longer have an income), the agreement may be brought to an end by the person paying without incurring further liability. Where a person is unable to continue making ‘top-up’ payments, the council may seek to recover any outstanding debt and has the power to make alternative arrangements to meet a person’s needs, subject to a need’s assessment. The person paying the top-up is responsible for informing the council of the change in their circumstances and providing suitable evidence demonstrating how the change in circumstances means they are no longer in a position to make the payments.