Loss of Property to pay for Social Care

nealrobins

With Mum's having reached the £23,500 threshold her local council are saying that we must either sell her house to pay for her care home fees or have a debt built against it. This would either be via a Deferred Payment Agreement or a Section 22 Declaration. Mum has already paid £95,000 in care home fees.

We are also trying to get her accepted for Continuing Care which she thoroughly deserves but without much success at the moment.

Does anyone know if there is anything at all we can do to protect the property and/or get the Continuing Care agreed?

dunstonh

Does anyone know if there is anything at all we can do to protect the property and/or get the Continuing Care agreed?

Too late. Once care is known to be needed then any action taken to hide or remove assets would be classed as deprivation of assets.

Is there anyone else living in the property?

Is there any reason why you think your mum shouldnt pay for her own care when she has the assets to do so?

Pollycat

As dunstonh says, I don't think there is anything you can do to 'protect the property'.

I'm assuming you are aware of the term 'Deprivation of Assets'.

You might find it helpful to read some of the guides on this website:
http://www.counselandcare.org.uk/financial-factsheets

There are also some about Continuing Health Care (CHC) on the 'Health Care' page of the website.

I'm not surprised that you're finding it difficult to get CHC.

There is a long thread about CHC here:
https://forums.moneysavingexpert.com/discussion/800521

Someone posted on there that they applied for CHC in Feb 2009 and got approval in Oct 2011 so don't expect it to be easy or quick.

The Over 50's board might be a better place for you to post than this one.

le_loup

Consider selling the house and using part to buy an Immediate Care Annuity. Could be cheaper than going self insured.
But do take Dunstonh's point seriously, why should my pensioner mother pay part of her small income in taxes so that you can inherit your mothers assets?

annie_tanks

Please can some-one tell me exactly what I paid into for the last 45 years of my tax/national insurance for, equating to a third of my salary..if not for my care in old age .

Pollycat

annie_tanks wrote: »

Please can some-one tell me exactly what I paid into for the last 45 years of my tax/national insurance for, equating to a third of my salary..if not for my care in old age .

Maybe this guy can help you:
Minister of State for Care Services:
Paul Burstow, Department of Health,
Richmond House, 79 Whitehall, London, SW1A 2NS


Do let us know what his answer is.

ste_coxy

annie_tanks wrote: »

Please can some-one tell me exactly what I paid into for the last 45 years of my tax/national insurance for, equating to a third of my salary..if not for my care in old age .

Unlike local authorities the NHS does not have a duty to provide health care services tailored to individuals needs. The nature of the NHS means that it can't meet all the needs of all the people all the time. It has a broad duty to provide services to meet all reasonable requirements and has a lot of discretion to decide what is 'reasonable'.

ste_coxy

In order to be eligible for NHS CHC someone will need to have a complex primary health need or be in the final stages of a terminal illness, with a rapidly deteriorating condition and an encreasing level of dependency. Not everyone with a disability or long-term condition will be eligible. They set the criteria really high and because of this only a very small minority of people who apply will qualify for it.

le_loup

I think that tax and national insurance pays for a quite bit more than just your care in old age.
But if you really care you can buy an annuity to give you some insurance cover.

Gracchus_Babeuf

nealrobins wrote: »

With Mum's having reached the £23,500 threshold her local council are saying that we must either sell her house to pay for her care home fees or have a debt built against it. This would either be via a Deferred Payment Agreement or a Section 22 Declaration. Mum has already paid £95,000 in care home fees.

We are also trying to get her accepted for Continuing Care which she thoroughly deserves but without much success at the moment.

Does anyone know if there is anything at all we can do to protect the property and/or get the Continuing Care agreed?

I'm afraid you are shafted. Renting out the property won't generate enough income unless it's worth a few millions.

It's a shame that you and your mother didn't take action years ago to put the house under trust. It's a disgrace that so much money has gone to waste for something that the state ought to provide. :mad:

Gracchus_Babeuf

le_loup wrote: »

Consider selling the house and using part to buy an Immediate Care Annuity. Could be cheaper than going self insured.
But do take Dunstonh's point seriously, why should my pensioner mother pay part of her small income in taxes so that you can inherit your mothers assets?

Nonsense. What has your mother's taxes got to do with it? What a stupid post! Everyone pays taxes - and if the rich paid more of their fair share then we wouldn't have this situation.