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Deliberate Deprivation
dianeh65
Posts: 1 Newbie
Hello everyone, first of all sorry if this is the wrong place to post this question but here goes.
My husband and I are both in our 50's, he has been diagnosed with early onset vascular dementia.
He is still OK so we have sorted wills, LPA's etc, he is no longer able to work so we are on benefits. He has a pension which he draws down money each year. My question is this I would like to spend some of his pension on him for what ever time we have left together, on things like a holiday back to where he served in the Army, or a summer house so he can sit in the garden when he gets worse. Am I allowed to do this or will the powers that be see this as deliberate deprivation when it comes to paying for his long term care or if his pension runs out before he dies, and we have to revert to means tested benefits?
My husband and I are both in our 50's, he has been diagnosed with early onset vascular dementia.
He is still OK so we have sorted wills, LPA's etc, he is no longer able to work so we are on benefits. He has a pension which he draws down money each year. My question is this I would like to spend some of his pension on him for what ever time we have left together, on things like a holiday back to where he served in the Army, or a summer house so he can sit in the garden when he gets worse. Am I allowed to do this or will the powers that be see this as deliberate deprivation when it comes to paying for his long term care or if his pension runs out before he dies, and we have to revert to means tested benefits?
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Comments
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Do you own your house, with or without a mortgage, or are you renting??How's it going, AKA, Nutwatch? - 12 month spends to date = 3.24% of current retirement "pot" (as at end December 2025)0
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Deprivation of capital rules are not intended to prevent you spending money and should only affect you if you behave in a way that could be seen as irresponsible. It is reasonable to spend money to improve the quality of life of your husband. The things you suggest seem to me reasonable (whereas a round the world cruise for several months might not).
Unfortunately there isn't a definitive answer as the decision ultimately comes to the discretion of the Decision Maker who makes the decision.
Ultimately you deprivation of capital rules apply if you are thought to have spent money with the intention of then being able to claim means tested benefits.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
OP what benefits are you currently receiving?0
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I interpreted OP's post to mean that they are not currently receiving any means tested benefits but are concerned about deprivation of capital rules in the event that they become reliant on means tested benefits in the future (possibly as a result of the pension fund being exhausted).OP what benefits are you currently receiving?
OP, have you considered whether your husband's health might mean he could claim Personal Independence Payment? In addition if he paid NI between April 2016 and March 2018 he may be able to claim new style ESA. Neither of these benefits are means tested - although ESA entitlement will be reduced by any pension income above £85/week.
https://www.gov.uk/guidance/new-style-employment-and-support-allowance
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
What do LA's actually DO, if you do spend all your money and there is no family to step in and pay?
They can say that they'll treat you as if you still had the money, but if its gone it's gone!!
Surely they still HAVE to provide a basic level of care/benefits. Or will they just let you fade away in squalor with no help?
What actually happens in the real world?How's it going, AKA, Nutwatch? - 12 month spends to date = 3.24% of current retirement "pot" (as at end December 2025)0 -
I interpreted OP's post to mean that they are not currently receiving any means tested benefits but are concerned about deprivation of capital rules in the event that they become reliant on means tested benefits in the future (possibly as a result of the pension fund being exhausted).
Third line of OP's post says 'we are on benefits.'0 -
KatrinaWaves wrote: »Third line of OP's post says 'we are on benefits.'
Quite right - apologies I missed that. In that case venison’s query about what benefits they already receive is very relevant.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
How long was your husband in the Army? I think I recall that if a former serving soldier is diagnosed with certain conditions they can claim the pension early/get a top up.
Sorry it's vague but I'm sure I've read something so it's worth looking into.Thrifty Till 50 Then Spend Till the End
You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time0 -
What do LA's actually DO, if you do spend all your money and there is no family to step in and pay?
They can say that they'll treat you as if you still had the money, but if its gone it's gone!!
Surely they still HAVE to provide a basic level of care/benefits. Or will they just let you fade away in squalor with no help?
What actually happens in the real world?
Yes that is exaclty what happens if you deprive yourself of capital that could fund your life for a few years in order to claim or keep means tested benefit.
Benefit is there to support those that need it, not for greed.0 -
Yes that is exaclty what happens if you deprive yourself of capital that could fund your life for a few years in order to claim or keep means tested benefit.
Benefit is there to support those that need it, not for greed.
But are you forgetting that some elderly people who need social care are still paying income tax? They have to pay the full amount of £15 an hour for pretty basic ("march in that direction and put your coat on if it starts raining") care, nowadays usually provided by private companies who often have less than good CQC ratings.
In addition, they're paying Council Tax which includes a contribution to Adult Social Care.
So it could easily be said that ,whilst paying the full whack for their own care, they're still subsidising the care of those who don't contribute.
Self funded residents in care homes also pay a higher rate than councils pay because they can negotiate better rates. Same care though.
A neighbour's parents are paying £5000 per month to live in a Residential Home.0
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