Residential care Financial Assesment and their home

bill_on_line

Hello Forum

Question about the Local Authority/LA Residential care Financial Assesment (England) and the home/property of a lady who is in residential care.

The home is owned by a lady 65+ who needs care, nobody else owns the property.

The value of the home should not be taken into account as one of the exemptions applies.

There is another resident at the property who is disabled (in receipt of PIP).

However, could the LA argue the value of the care home resident's property should be taken into account in the LA assessment depending on the circumstances of the disabled person?

For example, the disabled person owns a property at a totally different location?

regards

Bill.

Keep_pedalling

Yes they could otherwise people could dodge care costs by moving a qualifying relative into their own home simply to dodge the costs. It will come down to the reason they are living in that home rather than the one they own.

poppy12345

Comment deleted as incorrect information given because of a misread.

poppy12345

Keep_pedalling said:

Yes they could otherwise people could dodge care costs by moving a qualifying relative into their own home simply to dodge the costs. It will come down to the reason they are living in that home rather than the one they own.

I don't think that's correct. See link above.

Keep_pedalling

poppy12345 said:

Keep_pedalling said:

Yes they could otherwise people could dodge care costs by moving a qualifying relative into their own home simply to dodge the costs. It will come down to the reason they are living in that home rather than the one they own.

I don't think that's correct. See link above.

It is a bit more complicated than that. The rules are in place to prevent vulnerable dependants loosing their home. In this case the other person would appear to have their own home as well so can hardly be classed as dependant on the person who has gone into care.

poppy12345

Keep_pedalling said:

poppy12345 said:

Keep_pedalling said:

Yes they could otherwise people could dodge care costs by moving a qualifying relative into their own home simply to dodge the costs. It will come down to the reason they are living in that home rather than the one they own.

I don't think that's correct. See link above.

It is a bit more complicated than that. The rules are in place to prevent vulnerable dependants loosing their home. In this case the other person would appear to have their own home as well so can hardly be classed as dependant on the person who has gone into care.

I apologise, my mistake, it was late when i posted and i misread this last sentence.

For example, the disabled person owns a property at a totally different location?

bill_on_line

Keep_pedalling said:

It is a bit more complicated than that. The rules are in place to prevent vulnerable dependants loosing their home. In this case the other person would appear to have their own home as well so can hardly be classed as dependant on the person who has gone into care.

Yes, I agree it's complicated,

but it's written in law the Local authority may have to accept the exemption, even if it's not a situation the law was intentionally written to help with.

Maybe it's written in law what to do in this type of situation?

unless the local authority has discretion in this area?

Or there is written guidance on what the LA can do to assess situations like this?

I know the LA has discretion regarding depriving oneself of assets, it documented

Maybe it's a form of deprivation, as your home is an asset

however you have not given the asset/ the home away, or changed its form, sold it etc

Not sure if anyone can shed any light.

calcotti

This is not an area I am familiar with but my common sense reasoning would be as follows.
The disabled person can only be ordinarily resident in one property.
If they own a property and they do not live in it it would logically be a capital asset.

There are very good factsheets prepared by Age UK which are available here
Age UK factsheets and information guides | Age UK

bill_on_line

40) The local authority will need to take account of the individual circumstances of each case. However, it may be helpful to consider the following factors in making a decision:

• does the relative currently occupy another property?
• if the relative has somewhere else to live do they own or rent the property (for example, how secure/permanent is it?)
• if the relative is not physically present is there evidence of a firm intention to return to or live in the property
• where does the relative pay council tax?
• where is the relative registered to vote?
• where is the relative registered with a doctor?
• are the relatives belongings located in the property?
• is there evidence that the relative has a physical connection with the property?

Source

https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#AnnexB

TELLIT01

Do not expect the LA to simply roll over and accept that the property should be disregarded.  Many will fight tooth and nail to include it, even when they have little likelihood of success. 

I don't know all the details but the house of a friend's mother had been in trust for years but the council fought for a couple of years to get it included.  They even had all the locks changed on the property to stop the friend gaining access.  Despite being provided with detailed information from the trustees the LA only gave in a few days before it was due to go to court.

sheramber

bill_on_line said:

40) The local authority will need to take account of the individual circumstances of each case. However, it may be helpful to consider the following factors in making a decision:

• does the relative currently occupy another property?
• if the relative has somewhere else to live do they own or rent the property (for example, how secure/permanent is it?)
• if the relative is not physically present is there evidence of a firm intention to return to or live in the property
• where does the relative pay council tax?
• where is the relative registered to vote?
• where is the relative registered with a doctor?
• are the relatives belongings located in the property?
• is there evidence that the relative has a physical connection with the property?

Source

https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance#AnnexB

The OP has not said it is a relative that  also lives in the house.