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@givingup have you claimed LHA or UC to pay the rent?2024 The year of the general election...the time for change is coming 💡
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woodbine said:@givingup have you claimed LHA or UC to pay the rent?Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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Yes sorry calcotti you are perfectly correct, I was in a clumsy way trying to make a different point.2024 The year of the general election...the time for change is coming 💡
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I worked in care for 30 years and I was a care manager I only left last year due to me haveing corona virus I have also worked for the care inspectorate for wales most people now sign over their capital while they still have capacity to do so and their homes the loop hole is if you need care in the 7 year period of being clear then your home can still be used as capital to pay for your care
Some people try and get their parents to sign their home over after capacity has been list so then it can't be done my mum signed everything over to me and my brother 12 years ago after my father died my mum has got dementia now she has had it six years so we were ok my mum now lives with my brother and I have her to give my brother a rest
Since care went private prices shot up that will never change yes people lose most of their pensions and as you rightly say any benefits that may be getting but not everyone gets other benefits
Most people are left with a small amount for personal items unless they have home care which is different and most people opt for these days
The cost of care will always be high but the quality of care and help you can get to pay for care can be changed by campaigning and lobbying to the government which I do Boris Johnson said to Barbra Windsor he would change and put in help for social care then came the pandemic will it ever change probably not but we can carry on trying
The social services tell you if you have a home and you have savings snd private pension thst you have to much money to apply for help with costs of care because if if you run out of money the house can be sold to cover the cost of your care
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Doesn't signing everything over to someone else though get classed as deprivation of capital?
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As long as you sign over whilst you have capacity and don't receive any care in the seven year period even on pension or benefits you have to pay a contribution the money will still be used for care but you wouldn't have to to sell your house
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@lisathomas50
I don't believe there is a fixed seven year period in which you would be responsible for contributing towards care after signing over your property. Unless, you have an official link?
Rather, a decision about deprivation of assets would be based on a standard of reasonableness. For instance: when you transferred your home (irrespective of time), was there a reasonable expectation of the need for care and support in the future?
This Age UK Deprivation of Assets info states:Paying for care is a very complicated and complex issue and I'd advise anyone considering taking action to seek legal advice before doing so to keep protected.What if I gave my money or home away a long time ago?
The timing is important. The council will look at when you reduced your assets and see if, at the time, you could reasonably expect that you would need care and support. The local authority must decide based on all the case facts and clear reasons, which could be challenged.
If you were fit and healthy, and could not have imagined needing care and support at the time, then it may not count as deprivation of assets.Online Community Co-ordinator
Want to tell us about your experience on the online community? Talk to our chatbot and let us know.Concerned about another member's safety or wellbeing? Flag your concerns with us. -
As referenced by Cher AgeUK have very detailed Fact Sheets dealing with all aspects of care and care funding.
Age UK factsheets and information guides | Age UK
Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
lisathomas50 said:As long as you sign over whilst you have capacity and don't receive any care in the seven year period even on pension or benefits you have to pay a contribution the money will still be used for care but you wouldn't have to to sell your house2024 The year of the general election...the time for change is coming 💡
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woodbine said:lisathomas50 said:As long as you sign over whilst you have capacity and don't receive any care in the seven year period even on pension or benefits you have to pay a contribution the money will still be used for care but you wouldn't have to to sell your houseAn older neighbour of mine years ago thought it would be better to sign her house over to her daughter and then the council got involved when it came to care and I’m sure it affected the outcome.
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With gifts, the 7 year 'rule' doesn't necessarily apply if it wouldn't have any relevance for Inheritance Tax in the future, i.e. if the monies you gift + your estate don't exceed £325k (currently). I know because I told my children they'd really have to look after me for 7 years after I was going to give them some monies, then was advised by my solicitor that this didn't apply! I 'think' they will still look after me tho, as I still have my uses.More info about care homes & deprivation of assets: https://helpandadvice.co.uk/avoiding-care-home-fees/#
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@MarkN88 A neighbour of my late parents some 10 years ago signed their property over to their daughter to avoid care charges (if they ever needed to go into a care home) three years later they had a monumental falling out and the daughter evicted them from "her" property.
It has its dangers.2024 The year of the general election...the time for change is coming 💡 -
woodbine said:@MarkN88 A neighbour of my late parents some 10 years ago signed their property over to their daughter to avoid care charges (if they ever needed to go into a care home) three years later they had a monumental falling out and the daughter evicted them from "her" property.
It has its dangers.
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