Care funding advice
Expert help when navigating care funding decisions
If someone has care needs, and requires financial support, the Local Authority will carry out care needs assessment, followed by a financial assessment. This applies to care at home or in a residential care home.
These financial assessments can be complex. The Local Authority often do not have the time or resources to explain matters fully to service users or family members. It is unfortunately common for mistakes to be made. Individuals can end up overpaying for their care or being misadvised about their options.
Read an example of where a Local Authority made a mistake on a financial assessment. Our solicitors were able to get an individual credited the correct amount.
Financial assessment
The financial assessment – or means testing – will look at a person’s capital, which will include money in bank accounts, savings, investments and property.
If a property is occupied by another person, then it may be exempt from the financial assessment. This is the case when it is occupied by:
- A spouse, partner, former partner, or civil partner (except where you are estranged)
- A lone parent who is your estranged or divorced partner
- A relative who is:
- aged 60 or over, or
- a child of yours aged under 18, or
- ‘incapacitated’
The Local Authority have the discretion to disregard the property in other circumstances. They can often be persuaded to do so if it would be unreasonable to decide otherwise.
Deprivation of assets
When undertaking a financial assessment, the Local Authority will look carefully at the person’s assets. This includes reviewing what they have done with their assets over the years. There is no time limit for this.
They will look for any evidence that a person may have deliberately given away their assets with the intention of avoiding care fees. This is known as ‘Deliberate Deprivation of Assets’.
If the Local Authority find evidence that a person has done this, they will deem that the resident still owns that capital and may seek to recover the assets, or payment of care fees, from the recipient(s) of any gifts.
NHS funding (NHS CHC)
This is funding available through the NHS if you have been assessed as having a primary health need. This type of funding isn’t means tested, so it could mean that you’d receive your care free of charge.
However, if mistakes or omissions are made during the assessment, you may be denied the funding that you’re entitled-to. If you need advice about preparing for or challenging an NHS Continuing Healthcare decision, please visit our NHS Continuing Healthcare page.
Planning for care
It is possible to plan ahead for future care needs, including its financial impact. However, it is important to be wary of any financial product which guarantees you will be able to avoid care fees. As explained above, you could be accused of ‘Deliberate Deprivation of Assets’ and the local authority could look to recover those assets.
At Rothera Bray our specialist team can advise on the following:
- How to complete a financial assessment
- The outcome of a financial assessment
- The eligibility criteria, including any exemptions within the financial assessment. For example, whether property may be exempt.
- The rules concerning deliberate deprivation of assets
We can also:
- Liaise with social services on your behalf regarding the financial assessment
- Assist on a first-time application for NHS Continuing Healthcare, or challenging an NHS CHC decision.
We also offer a service called ‘Preparing for Care’ which includes a one-hour phone call/meeting, and a Preparation For Care report tailored to your circumstances for £838.80 (£699 plus VAT at 20%).
We can advise you on your Local Authority assessment to ensure that you get the care that you're entitled-to.
