Is this illegal????

Katykat

My mum is about to go into a nursing/residential home. She has a house and a small amount of money in the bank so she will not be eligible for a funded place. After the money has gone, she will have to sell her house as she lives in England, not Scotland ( how unfair is that????) She will be allowed to keep £16000. Her house is valued about £90000-£10000. I want to know if there is any law that says I cant buy the house for say £50000 or even less if there is no law? I want to keep the house in the family & its really irritating me (!!!!!!) to have to sell it

Gorgeous_George

I understand your concern but I don't agree with it. However, this site is about helping people and not about casting judgement so I won't.

You might get away with buying the house for £50K but you might not. It is evasion and the council may investigate. If you are so concerned, why not invite mum to stay with you.

I agree about the Scotland thing. They should not be able to screw England & Wales in the way that they do.



GG

rebeccaj

it's called deprivation of assets and shouldn't be done.

Just do a google search for that term and you will see what the consequences of doing this are.

Guy_Montag

Gorgeous_George wrote: »

I understand your concern but I don't agree with it. However, this site is about helping people and not about casting judgement so I won't.

You might get away with buying the house for £50K but you might not. It is evasion and the council may investigate. If you are so concerned, why not invite mum to stay with you.

I agree about the Scotland thing. They should not be able to screw England & Wales in the way that they do.



GG

Surely the Scots should be able to distribute the money allocated to them as they see fit. They may get more money per head than in England (as a whole), but how do they compare to say, the north east, cornwall or other places of economic deprivation.

Having said that, there are parts of Scotland that are completely dependent on benefits (but that is the same of parts of England).

pusscat

I too do not agree with what you are looking to do - it's called benefit fraud, but as GG gas pointed out this site is not to judge.

This leaflet explains about deprivation of assets

http://www.housingcare.org/information/detail-2338-deprivation-of-assets.aspx

Buying, or being given your Mum's house is all the same - she will be seen as having removed assets from herself in order to avoid funding her care - the LA have the right to investigate as far back as they like and they can either recover the assesed charge from the resident, if the resident cannot pay this, the LA has the right to recover the charges (if it is within 6 months) from the person who recieved the asset (you!) or to put a charge against the house to recover the money when the property is sold.

You can plan around this in legal ways - you need to take specialist advice on this, but the way you are suggesting is not legal.

Deprivation of assets is not somewhere you want to go........

Puss

Generali

<OT>Spending per head (PESA 2006-7)

N. Ireland - 9385
Scotland - 8623
London - 8404
North East - 8177
Wales - 8139
North West - 7798
Yorks & Humber - 7188
West Mids - 7065
South West - 6677
East Mids - 6491
South East - 6304
Eastern - 6144

Scotland is the 3rd richest 'region' in the UK.
It has 7 out of 10 of the local authority areas with the lowest life expectancy in the UK.
25% of households have at least one person claim incapacity benefit.
Well over 50% of Scottish GDP comes from Government spending (despite North Sea Oil)

Scotland has too much Socialism.
</OT>

Guy_Montag

Generali wrote: »

<OT>Spending per head (PESA 2006-7)

N. Ireland - 9385
Scotland - 8623
London - 8404
North East - 8177
Wales - 8139
North West - 7798
Yorks & Humber - 7188
West Mids - 7065
South West - 6677
East Mids - 6491
South East - 6304
Eastern - 6144

Scotland is the 3rd richest 'region' in the UK.
It has 7 out of 10 of the local authority areas with the lowest life expectancy in the UK.
25% of households have at least one person claim incapacity benefit.
Well over 50% of Scottish GDP comes from Government spending (despite North Sea Oil)

Scotland has too much Socialism.
</OT>

I agree with you there, I'm always stunned at the way the poorest in Scotland repeatedly return labour councils yet they never see any improvement in their standard of living.

Independence would force Scotland to stand on it's own feet; I think that would be hard at first but could see it change in the long term.

epz_2

Generali wrote: »

<OT>Spending per head (PESA 2006-7)

N. Ireland - 9385
Scotland - 8623
London - 8404
North East - 8177
Wales - 8139
North West - 7798
Yorks & Humber - 7188
West Mids - 7065
South West - 6677
East Mids - 6491
South East - 6304
Eastern - 6144

Scotland is the 3rd richest 'region' in the UK.
It has 7 out of 10 of the local authority areas with the lowest life expectancy in the UK.
25% of households have at least one person claim incapacity benefit.
Well over 50% of Scottish GDP comes from Government spending (despite North Sea Oil)

Scotland has too much Socialism.
</OT>

agreed, they should scrap the barnett formula asap the dependancy culture has poison my country, well that and 60 years of old labour with council seats handed down like the family silver.

at least now labour have finally got spanked in the parliment elections they can try and move on to the real world.

now while i dont think my taxes should be subsidising peoples inheritance this side of the border either you really cant !!!!! about how we spend our cash vs other regions, its a local issue.

Generali

Guy_Montag wrote: »

I agree with you there, I'm always stunned at the way the poorest in Scotland repeatedly return labour councils yet they never see any improvement in their standard of living.

Independence would force Scotland to stand on it's own feet; I think that would be hard at first but could see it change in the long term.

I don't know if it actually happened or not as I'm not that up on Scottish politics but the Tories were talking about standing on a tax cutting platform up there. They cut income tax by as much as they can under the rules to stimulate investment and the English pivk up the tab. A masterstroke!

amcluesent

>any law that says I cant buy the house for say £50000 or even less if there is no law?<

Would you be OK if the house was sold to you at 'market value'?

If so consider this approach. Your Mum now sells you a 1m wide strip of land at the border of the house and the street. You now have control over access rights to the property.

If and when the house comes on the market, it is professionally valued on the basis that a 3rd party owns the 'ransom strip' and title to that isn't being sold. This will severely reduce the market value of the property, which you buy, but it is still being sold at the market price so shouldn't be defined as a Deprivation of Assets

Guy_Montag

Generali wrote: »

I don't know if it actually happened or not as I'm not that up on Scottish politics but the Tories were talking about standing on a tax cutting platform up there. They cut income tax by as much as they can under the rules to stimulate investment and the English pivk up the tab. A masterstroke!

Probably not, I'm not that up on Scottish politics anymore either, maybe epz can fill us in. The Scottish Tories seem to be utterly devoid of any ideas or charisma. They are the worst of middle-aged, bald, white men in suits (even their leader who's a woman fits into this class). They'll never be elected, so they might as well table some novel & exciting suggestions, but they're such losers they can't even manage that.