Does the house count ?

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50Twuncle
50Twuncle Posts: 10,763 Forumite
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edited 12 March 2018 at 4:37PM in Benefits & tax credits
If I ever had to go "into a home" and my wife was left, living in our home (Which is in MY name) - would she be expected to sell up to pay for my continued care (after my personal savings had been used up) or does the value of the house get disregarded because she still lives in it ?
Also - would I be correct in thinking that my wifes personal savings are added to mine to calculate any contribution that I would have to make ?
A similar question also - should my wife have to go into care ....
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  • Catswhiska
    Catswhiska Posts: 103 Forumite
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    If a spouse I!!!8217;d still living in the marital home it is disregarded. Only savings and income of the person in care can be counted towards care cost. Spouse savings are their own
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    Catswhiska wrote: »
    If a spouse I!!!8217;d still living in the marital home it is disregarded. Only savings and income of the person in care can be counted towards care cost. Spouse savings are their own
    Thanks - does it matter that the property is not in joint names - it is only in my name ...?
  • Catswhiska
    Catswhiska Posts: 103 Forumite
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    If it is the marital home then I don’t think it can be touched. Especially if it’s been that for a good few years
  • Catswhiska
    Catswhiska Posts: 103 Forumite
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    If a dependant relative lived in a house that he didn!!!8217;t actually own and was over 60 then the house would be disregarded as well. So that!!!8217;s a similar situation ( for instance offspring of the couple)
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
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    Catswhiska wrote: »
    If a spouse I!!!8217;d still living in the marital home it is disregarded. Only savings and income of the person in care can be counted towards care cost. Spouse savings are their own
    Catswhiska wrote: »
    If a dependant relative lived in a house that he didn!!!8217;t actually own and was over 60 then the house would be disregarded as well. So that!!!8217;s a similar situation ( for instance offspring of the couple)
    Why just "over 60" ?
  • TELLIT01
    TELLIT01 Posts: 16,486 Forumite
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    I don't believe the OP's wife could be forced to sell but the council could potentially register an interest in the property if payment of care costs was deferred. I believe they would become payable if and when the house was finally sold.
    Worth checking into putting her name on the deeds and the difference between joint ownership and ownership in common. One means that both effectively own all the house, the other that each owns half. It's advisable to take formal legal advice on the best way to protect the property.
  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    edited 12 March 2018 at 6:05PM
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    50Twuncle wrote: »
    Why just "over 60" ?

    Those are the rules/laws
    I guess someone younger and not a spouse or disabled is not considered a dependent. Bear in mind that taxpayers pay for this so it has to be fair (thre no magic money tree :-)
    Your home also wont be counted if its still occupied by:
    • your partner or former partner, unless they are estranged from you
    • your estranged or divorced partner IF they are also a lone parent
    • a relative who is aged 60 or over
    • a child of yours aged under 18
    • a relative who is disabled.
    but as she's your wife it doens't look like there is an age criteria.
    https://www.ageuk.org.uk/information-advice/care/social-care-and-support-where-to-start/paying-for-care-support/do-i-have-to-sell-my-home-to-pay-for-care/


    You will become financially seperate for benefits purposes.
    It would only be YOUR savings that count towards your care.


    If YOUR capital and income is above £23,250 youre likely to have to pay your care fees.


    If you have a joint account and shared capital it would be assumed to be 50/50.


    If you were LA funded then you'd have to pay your income (state pension, pensons credit, attendance allowance) minus £25 to the care home and you're being fed, accomodated etc. That £25 is for personal items like clothing.


    Note that even if you are LA funded that your wife (or you if it's that way round) would need to fund the propery costs herself. So if she's living alone and has to pay electricity, council tax, insurance etc. then all those bills would fall to her alone rather than both of you.


    Anything else feel free to ask. My MIL is in a nursng home, so I've been through it all recently.


    Note that you can have 4 (of 1 hour) care visits per day before you go into a home so this can be an option. These are about £15 but can also be funded by the LA under similar rules.
    So if you need help say getting in and out of bed and need two visits a day, then £30 per day is cheaper than a nursing home. We have found social services to be very helpful because they want to keep people well so will supply carers at £15 per hour rather than having people in nursing homes at £800 per week or worse still hospital at £3000 per week. They understand that keeping peopel well is cheaper (and obviously better for the individual).
    My MIL also went to a day center for a while. This was free (apart from £5 for lunch) and transport was provided and free too.
  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    edited 12 March 2018 at 6:15PM
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    I would recomment getting POA in place (there are 2 - one for finance and one for care). This would be very helpful for family especially if you are become incapable mentally.

    Unfortunately my MIL would not agree and is now not capable of making decisions. We are likely to have to get deputyship to sell her house and because she can't agree we will have to have a court hearing and the cost is about £1000 AND will delay us selling the house during which time we have to pay service charges/ground rent even if empty.

    Getting POA in place in good time will help your family and those around you who have to make decisions.
  • needmorehelp
    needmorehelp Posts: 88 Forumite
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    Not wishing to Hijack the others persons thread or anything, but rather than start another thread along the same lines, do the same rules apply if the couple have been living together for a long number or years, and the house is in the mans name?
    Thanks.
  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    edited 12 March 2018 at 6:40PM
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    needmorehelp wrote: »
    Not wishing to Hijack the others persons thread or anything, but rather than start another thread along the same lines, do the same rules apply if the couple have been living together for a long number or years, and the house is in the mans name?
    Thanks.

    I would say yes, because of this
    your partner or former partner, unless they are estranged from you
    however surely the best way to get your partnership officially recognised it to get married? Ken Dodd recently married his long term partner and she won't now have to pay inheritance tax.
    The above says partner not "spouse or registered civil partner" so I would intepret that to include someone you live with as a partner (I was going to say as man & wife but I guess it also extend to woman & wife and man & husband).
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