The property will be disregarded from the care funding means test when the first of you goes into care. If the second of you needs care, the value of the property can then be included in the means test. If the property then needs to be sold to help with the cost of fees, the Local Authority may help with funding until the property is sold. Should you both need to go into care at the same time, half the property’s value will be allocated to each of you for the means test.
Putting property in trust for future generations is a complex issue not simply because of care costs but because the taxman is keen to prevent people trying to avoid inheritance tax - so legal advice is essential
Under the means test, your Local Authority may ask about your property ownership over some years. If it deems property was placed in trust deliberately to take it out of the means test, it may still be included.
Plus, the means-test upper threshold is low (currently £23,250 in England) so other assets could disqualify you from support in any case.
No. So long as your mother continues to live in it, the property won’t be included in the means test for care funding. However half of their joint savings will be. With £15,000 in assets, your father is above the lower capital limit of £14,250 and will be expected to make a contribution of £3 a week towards the cost of his care.
If you argue successfully that the home is the only one available locally that meets your assessed needs, the Local Authority should meet the full cost, assuming you fall below the £14,250 means-test lower threshold. If the Local Authority still refuses but you have set your heart on this home, a third-party will have to meet the shortfall.
Their assets put them well above the threshold of £23,250 per person at which help is given with funding care in England. However, if they need help with basic daily tasks such as bathing and dressing they can claim for an Attendance Allowance (not in Scotland). If they require nursing, their local authority will pay a Nursing Care Contribution (NCC). It’s important to discuss with care homes how the NCC is accounted for in their fees.
You can ask that your mother is reassessed by the NHS. If she is in need of 24-hour nursing, the NHS should pay for all of this as ‘continuing care’. If this was the situation for some time, then some of your fees may be refunded.
No – you will be told the annual income it is guaranteed to pay out so you can compare this to care home fees. Should fees rise in the future there may be a shortfall. However, care homes may be open to negotiation, knowing they are assured of the regular income. Care plans may offer inflation-proofing or annual increases to help meet rising fees.
If the capital is simply held in his bank account then it can be included in his estate for inheritance tax purposes on death. If the capital is used to purchase a long term care plan, then it may be ‘lifted’ out of his estate. If inheritance tax is a major concern for the family, speak to an accountant who specialises in estate planning.
Yes – the Local Authority has a duty to assess her care needs and ensure she has access to suitable care, even if she funds it.
The Local Authority must disregard the property from the cost of care for the first 12 weeks. If the property is still not sold after this time, the authorities will still continue to pay costs but will look to recoup these against the proceeds from the property when it is finally sold. Make sure your father claims Attendance Allowance to help with the cost of care.