Disposal of capital treated as deliberate act to gain Council funding for entry into a residential home

Frank will know.

You can't just give all your money away to family as there are tax implication, especially on your estate if you pass away with seven years. I don't know about the nursing/care situation though but I do feel if someone can pay for their care they should. Why should we, as tax payers, have to pick up the bill?

giving money away

Why should we work all our lives and be responsible for our own care when some walk away from their responsibility and give money away to avoid the costs incurred,I agree that nursing care should be available by your Local Health Authority but not everyday living costs if you make the decision of you own choice.

Thanks for the replies but these were purely personal opinions (which I didn't ask for) about the ethical dimension, and did not answer my question, i.e,
Has this rule (deliberate deprivation) ever been tested
or challenged?

You would probably be as well to seek professional advice .

Don"t think it would cost a kings ransom , but your question would be answered .

Would like to know how payment can be made for the funding if person concerned has spent it all,blood out of a stone comes to mind.I'm not sure if the ruling has ever been challenged I should imagine so but where would one look to find out the details.?

Hi Nonu nice to see you will catch up with you asap.x

X

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Yes it has. See [www.lawcentreni.org/EoR/community-care/financing-residential-care.html]]

davidfromkent, although your questions are interesting, though beyond me, I am not sure you fully realise the eclectic mix of responses you will ellicit on this forum There are some very clever folks in here but a lot of us just like putting our five penneth worth in. You might be better off going to somewhere like Age UK or HM tax or similar. Hope you get what you need.

I think sometimes people have the impression that we are an advice column, with experts on hand to answer questions.

We are not, we are a varied collection of individuals who like to discuss all manner of things from a personal viewpoint.

Many of us are or were expert professionals in our own fields, and will help if we can, but we may not know the answer to every question, or be online when it is asked.

I think he is looking at the rules governing benefits and then thinking out the cases where it might not work. A quite reasonable way of passing one's time.

www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS40_deprivation_of_assets_in_the_means_test_for_care_home_provision_fcs.pdf?dtrk=true

I am not an expert on deprivation of assets but the above might help.
I do know if a wife wills her part of a home to her children it does not count as deprivation of assets as the husband does not own that part of the house.

In another case a daughter went and lived with her mother as a joint owner of the house as she had inherited her fathers half.
This happened 3 years before the mother went in to care.
The mother had some illness when the daughter moved in and as she was an owner occupier none of the house could be taken by the council.
The social worker did try to argue deprivation of assets had happened but the daughter told him to take a long walk off a short pier and nothing happened.

Frank