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At Swansea Legal Solutions, we are often asked, as part of our estate planning service, what is the best way to protect a property from being sold to pay care fees.
The Society of Will Writers has recently published an article on the topic of care fees assessment and how a home can be protected from care fees and whether it counts towards the means test carried out by the local authority.
The article includes a number of possible scenarios on how care fees are assessed and what you can do to protect your property. See full article here.
Care Fees Assessment
This article also explains that when someone goes into care, the local authority will carry out a financial assessment. As part of their assessment, the local authority will calculate the cost of the care and how much the individual can contribute from their own resources.
When carrying out a means test, the local authority may consider the value of the property as well as any income, savings or pension.
It is worth noting that The Care and Support (Charging and Assessment of Resources) Regulations 2014, Schedule 2, Regulation 4 states that “A local authority may disregard the value of any premises which is occupied in whole or in part by a qualifying relative of the adult as their main or only home where the qualifying relative occupied the premises after the date on which the adult was first provided with accommodation in a care home under the Act.” A qualifying relative is defined as a spouse/civil partner, partner, former partner, the person’s minor child, or a relative who is over 60 or incapacitated.
Charging for Social Care in Wales
To decide how much to charge towards care fees, local authorities will carry out a comprehensive financial assessment. If you believe the assessment is incorrect, you can ask for a review of these charges.
For non-residential care, you may have to pay up to a maximum of £100 a week if:
· You have a high level of disposable income
· You have savings and investments over £24,000, excluding the value of your home.
When deciding charges for non-residential care, local authorities must allow you to keep a set amount to help you meet your daily living costs.
For residential care, if you have capital of over £50,000, you may have to pay the full cost of your care. If your capital is at or below this limit, the local authority will help to pay for your residential care.
The amount you will have to pay towards this care will be calculated from your eligible income, such as pensions and welfare benefits.
Swansea Legal Solutions
Care fee planning and property trusts is one of the key services we offer people across the Swansea area who aren’t sure what they need to do to protect their property and other assets.
To find out more click here or call us today on the number below to book a no-commitment appointment with a member of our team:
