Top-up guidance

This information is to guide everyone involved in the process of ensuring a smooth transfer of people considering moving from their homes or hospital into accommodation where care is provided. The general principle governing this guidance is to ensure that there is clarity on the information we provide as they consider the options available to them.

Service User or third-party Top-up payments

The service user may choose accommodation that costs more than the amount identified in their personal budget. Where they have chosen a setting that costs more than this, an arrangement will need to be made as to how the difference will be met. The service user (in certain circumstances) or a family member, friend or charity, must be willing and able to make a top-up payment to cover the difference between the service providers weekly rate and the amount in the person’s personal budget for the duration of their stay. This is referred to locally as a service user or third-party top-up payment. Any third-party can agree to make top-up payments on the service user’s behalf, provided that the council is satisfied that they can afford to do so for the likely duration of the placement.

A service user is only able to make top-up payments where:

  • They have entered into a Deferred Payment Agreement for their care and support charges.
  • They are within the 12 week period, during which the value of their property is being disregarded for the purposes of the council’s financial assessment (this is usually the first 12 weeks of becoming a permanent resident in a care home); or
  • The accommodation is being provided under Section 117 of the Mental Health Act 1983

The amount identified in a person’s personal budget will be sufficient to meet their needs and the council must offer the person at least one appropriate and safe accommodation option to meet their needs. Please note that the range of availability would depend on the person’s needs and the type of options available in the market. Therefore, the availability of accommodation may be limited because a number of care providers may not have the capacity to manage the person’s unique needs.

The council will not force someone into paying a top-up fee if there is no suitable accommodation available to meet their assessed eligible needs. In these circumstances, the council may continue to explore the care market in order to find suitable accommodation. If there is still no suitable accommodation within the personal budget, if no preference has been expressed and no suitable accommodation is available at the amount identified in a personal budget, the local authority must arrange care in a more expensive setting and adjust the budget accordingly to ensure that needs are met.