Protected Persons

Hi my elderly mother entered aged care in March this year, she is 92 and has Alzheimers. My brother who has lived in my mothers home all his life and was her carer for the last several years is was on a carers pension and continued onto a part pension, keeping his Protected person status. My question is to do with the family home, will my mother continue to keep her pension and cover payments for aged care along with her assessed payments,? and is there any time limit in this as my brother has no property of his own and relies on living in the family.

Hi Bella2867,
Thank you for your question. I’m not sure we can fully answer this one as it is on the cusp of aged care and disability care. We have got some partial answers and suggestions for next steps. We are not entirely sure the status your brother would have should your father pass away before your mother. We suspect he would be a protected person due to being a dependent child, but then who is he dependent on given that your father who cared for him died. This is the part that we think you need to seek advice from an expert who specialises in disability. What we can say is if your brother is classified as a ‘protected person’, then he can continue to live in the house and your mothers rates at the nursing home shouldn’t change. What we recommend is that you call Centre Link on a fact-gathering mission without providing your full details, so you can explore your options.

Hi. My elderly father cares for my disabled brother who receives the disability pension. My mother is in palliative care in a nursing home with late stages Alzheimers. My question is if my father passes away before my mum is my brother classed as a protected person who can reside indefinitely in the house without the government selling house to recoup funds for her health care fees? Also how does my father get my brother protected status? Thank you.

Hi Smithcaps,
Yes if you are indeed a Protected Person then it is our belief that you can stay in the house indefinitely and it will continue to be an exempt asset for the means tested care fee while you reside there and retain your Protected Person status. Everyone pays the daily care fee which is 85% of the pension. This is separate to accommodation fees. I assume your gran had an Income and Assets assessment completed? The Income and assets assessment will determine if your gran will receive assistance with accommodation costs. Some people will have their accommodation costs paid in full or in part by the Government. Others will need to pay the price agreed to with the aged care home. If you do not complete an income and asset assessment you will not be eligible for any government assistance towards your accommodation costs. You can pay your accommodation payment by a refundable accommodation deposit (RAD) or a daily accommodation payment (DAP) or a combination of both. The means tested fee by some people and this will vary based on your income and assets. This is in addition to basic daily fee and accommodation costs as a contribution to your daily care. The blind pension has income and assets test free status.
CheersJill

Thanks. So if I understand correctly…her means test won’t be affected if a protected person stays in the house. Does that mean the government will still pay her accommodation costs but not her daily standard fee of $691.88 a fortnight is she loses her pension and somehow we would have to come up with her daily standard fee (unless she is eligible for the blind pension)? Would we also have to pay her accommodation costs or does the governmentfit the bill for that (if the protected person stays in the house)? I get confused between means test and accommodation

Thank you for your reply.I have been approved for the protected person.Unfortunately, Centrelink staff have differing opinions on how protected persons work. Some say once you have been approved for a protected person then there is no requirementto stay within an income threshold and can work as much as you want. Others say a protected person can’t make more than the pensioner support paym

Hi there,
Thank you for your question. We have asked the wonderful Robert Craven from Affinity Aged Care Financial Services to help with this one.
You will be considered a Protected Person if you are a close relative who is eligible to receive an Australian Government income support payment and have been living in your grans home for the past 5 years. You will also be considered a Protected Person if you are a carer who is eligible to receive an Australian Government income support payment and have been living in your grans home for the past 2 years. It is my belief that receiving this Government Income Support Payment is key. You must continue to be in receipt of a Centrelink or DVA income support payment to qualify as a Protected Person.

If you have not been claiming this support then you would need to check with the Department of Human Services to see if you really do qualify as a Protected Person.

If you are indeed a Protected Person then it is our belief that indefinitely and it will continue to be an exempt asset for the means tested care fee while you reside there and retain your Protected Person status. However, if you fail to qualify as a Protected Person, the home will be assessed at the capped rate (currently $162,815.20) when assessing your grans means tested care fee and will continue to be assessed at this capped rate indefinitely.

Regardless of your status, the home will be exempt from the age pension asset test for 2 years and your gran will be assessed as a homeowner. However, at the end of the 2 year exemption period, your grans home will be assessed at its then current market value and she will be assessed as a non-homeowner. In all probability she will lose her pension after 2 years (unless she is in receipt of a blind pension or a DVA war widows pension). This will not affect her means tested care fee, only her pension. The only time the home is exempt from the 2 year rule for them live in the home and then the 2 year exemption commences from the time that the spouse ceases to reside there.
Thanks The agedcare101 team

Hi, could someone please advise me what happens when a Protected Person is living in the family home and the owner is in a Concessional Bed in residential care but has run out of money? Will the Protected Person end up homeless or can the elderly person apply to Centrelink for Finacial Hardship Assistance?