Can I take half of his pension?

Annsixty, my husband is well informed on the subject. He’s away, I’ll put your question to him when he’s back.
The only thing I am sure of is that if your husband qualifies for ‘end of life ‘ care, the cost is met by the NHS. That was the case with mum in law whose final 12 weeks of life were in a nursing home. Also for the friend whose funeral I attended today. She was cared for at home by a group of carers and her family members.
What a worry for you, on top of the stresses involved in being a carer x

That doesn’t sound right and it doesn’t sound fair. I’m sure others more knowledgeable will advise you Ann60

Have you asked social workers to complete a Checklist for Continuing NHS Care? In my experience they are reluctant to do this (lack of funding) but it means if a person fulfils criteria for NHS Care you should not have to pay.

I’m sorry I don’t know the answer ann but no, from a common sense standpoint it doesn’t sound at all reasonable.

I’m hoping someone with accurate information and informed knowledge will be along soon and I’m sure you will have thought that you can ask Age UK and/or the CAB.

Hang on in there, sending love and hoping that common sense prevails.

ann I'm so sorry to read of this further stress and am sorry I can't give advice. My reaction is that this sounds so outrageously unfair that it can't be right!
SW fishing to see if you'll agree?
A form that hasn't been mentioned so far that could solve it?
A letter to your MP?
Legal advice?
I bet an experienced GNetter will be along soon with just the right advice.

I don't know either annsixty and I hope that someone will be able to advise you.

This doesn't sound right at all, you must be left with sufficient for your own needs.
It's not right that, on top of all these worries about your DH, you should have this additional stress.
I hope it can be sorted out asap.

However, if you should need help in the form of benefits, either for him or you, please don't look on it as hand-outs as you are entitled to this, your DH and you having paid your tax etc all your life.
Is Attendance Allowance and Carers' Allowance still in operation? I am not up-to-date with current allowances since DM died.

I think this is awful , OH was offered respite free , but we never got round to taking it , he had carers 4 times a day at no cost , I did pay for extra sitters when I was going to club or class . I have a smaller pension due to having being persuaded to pay less contributions when I went back to work and no one told me to pay "stamps" when I stayed at home when the children were small , luckily I have a small work pension to add to my reduced state pension , but nothing else . I can just about manage now , the family are very good to me

ann, there is tons of info on Ageuk and their advisers are brilliant. And, her I go again, the Alzheimer's Soc.

I Think the way it works is that you will pay for the care from any money coming in and from savings - even when mum was having a contribution from the Council, we still had her pensions. They equated to what she had to pay, but they weve not taken off her.

The figure of £10,000 before you can apply for benefits, is not exactly currently, I dont think.

If you have joint accounts its a good idea to split them but you have to justify how much goes into each.

You will be able to get your council tax reduced by 25% under the severe mental impairment rule and you should apply for attendance allowance before dh goes into permanent care. Im sure he would be entitled to the top rate which is £80 pw and it is not means tested. You keep this while you are paying privately. Please ask Ageuk to send someone round to help you apply. They know the buzz words.

How is your house held - joint tenants or tenants in common?

Do you have poas in place?

Sorry, I should have made it clear that you need a dementia diagnosis and to be in receipt of attendance allowance to be eligible for the Council tax relief.

annsixty, here is a link to the Age UK Fact Sheet on the subject. This says that SS can only take 50% of his pension because they are joint pensions, to provide for both of you. However SS are both bullies and frequently liars on matters financial, so be very wary of anything they say.

I would ring your local Age UK branch and talk to their Information and advice people. Also recruit a friend or family member, one not easily bullied, to work with you. There is safety in numbers, when everything is said to two people and you always have a witness.
www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs39_paying_for_care_in_a_care_home_if_you_have_a_partner_fcs.pdf

There is a service called POhWER who act as advocates for people in all sorts of areas of life including the care sector. I dont know how to put a link to them on here but just google them and you can find out if they operate in your area and contact them for advise.

Another point, ann! If Dh were to die, his pension would revert to the 'original' state -I think. So your income from it would remain as it was.

This may sound ridiculous and 'off the wall', but if you were to divorce you would be entitled to at least half of everything, including the pension. In any event, I believe you could serve a notice to sever the tenancy ie so that you own your half share of the house and put it out of reach . This all seems a bit OTT, I know, but might be worth considering if there is no other way. But you would have to examine everything very carefully and take advice. If you were divorced you wouldn't get the widow's pension, if there is one.

Sorry if this is rambling but it all sounds so unfair!

Thank you all for your very sound advice.
I have opened the links and believe I can claim half of the occupational pension.
I have been advised to get in touch with the provider to get the full terms as if my H paid for a pension for us both ,SS may have to capitulate.
I must say I hope very fervently that it never comes to this but time will tell.

Pendants, I know I missed at least one comma. ?

Persevere Annsixty and arm yourself with as much factual information and advice as you can muster. Many house insurances include access to legal advice, I do not know if that would be relevant here, but do consult as many reputable agencies as you can.
SS can indeed be bullies, this is not only DH’s future, but yours.

Ann60 I have just been through these calculations as DH (who also has Dementia) may have to go into residential care at some point)

Although I have a very small private pension of my own - which will not be touched - I am assured that only 50% of DH's private pensions will be taken towards residential care costs, along with his higher rate Attendance Allowance (£84 a week) and his State Pension. Although all our savings are in joint names the calculations will be based on each of us 'owning' 50% so my share would be left intact and DH would have to contribute to care fees until his share reduced to £24,000 (that won't take long). They cannot touch the house as long as a spouse is still living in it, but can put a 'charge' against it, reclaimable on the death of the spouse.

As we are in Scotland the 'personal care' element of care home costs is met by the state, we will only be paying the 'hotel' costs. DH's recent week in Respite Care cost us £625 although the real cost would have been £1,200- to £1,400. Still expensive, but not too bad considering that we had income of his private and state pension + attendance allowance to set against this, and he had all meals and snacks provided.

We had an appointment with the 'specialist' from the CAB via the local Carer's Centre, who completed the successful Attendance Allowance claim and advised about the 25% reduction in Council Tax which we now have. I have since joined Talking Point, the forum run by the Alzheimers Society, which is full of helpful hints, tips and support, although I have to be very careful as the rules are very different in Scotland, while most of the advice and comment applies to England and Wales.

Excellent and very comprehensive information Granny23 you and Annsixty do not need this extra aggravation and worry at the moment - you have enough to cope with.

Thank you Granny23 that is what I had been told but the SW who came on Wednesday told me that is not true, hence me being very confused and very upset.

Can I point out that, at least in England, the calculations for joint accounts is not straight forward.

Say you have £100,000 in joint accounts (handy sum for illustration)

YEAR 1

Husband £50k
Wife £50k

Husband use £20k for care leaving £30k of his share

But

YEAR 2

Currently account balance -£80k

£50k from Wife + £30k from husband.

Therefore

Husband's share £40k
Wife's share £40k.

Dh uses £20k again

Therefore joint account becomes £60k and Wife's share is down to £30k.

And so on!

Hope that makes sense.

Oh Kitty I had never thought of that. You have given me a lightbulb moment. Will investigate separate accounts asap.

Sobering fact kittylester but it may be too late to set up separate accounts. I believe that any changes to bank accounts would have had to be in place (don’t know for how long) or SS would be entitled to construe it as a ploy to divert funds, which of course it is, however justified.

If you can justify that the money was rightfully shared out. eg, pensions going into different accounts for different uses or historical factors and are open about it, there should be no problem.

There is no time limit.

Also, with a joint account, in certain circumstances the bank can close it when someone has dementia.

Poas are a must.