Care Fees Assessment – Devon Will Writer

Legally, if a person’s need for care is primarily health related, then they qualify for free health care under the NHS, either in their own home or in a residential nursing facility. However, if the need for care is primarily convenience based (otherwise known as social needs), then a person will be assessed (means-tested) for their ability to pay for their care. The ageing process generally and difficulty in doing the weekly shopping would both be deemed to be social rather than health needs. An inability to communicate symptoms of pain or severe breathing difficulties are examples of health needs.

Sadly, many people are incorrectly determined to have social rather than health needs because this saves the NHS a great deal of money. Very few people appeal an incorrect refusal for free health care.

When someone needs social care, the local authority will carry out a financial assessment. As part of this assessment, the local authority will calculate the cost of the care (and accommodation if relevant) 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 a property as well as any income, savings, or pension provision. It is worth noting 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 requiring care. A qualifying relative is defined as a spouse/civil partner, partner, former partner, the person’s minor child, or a relative over age 60 or one who is incapacitated.

If someone has total assets valued at above £23,250, they will have to fund the social care costs themselves. If someone has assets of between £14,250 and £23,250, they will need to contribute towards the cost of their care from income such as pensions and a tariff based on their capital, but the local authority will fund the rest. Once someone’s asset value reaches below £14,250, they will no longer pay a ‘tariff’ income based on their capital, but they must continue paying from income included in the means test. The council pay the remaining cost of their care.

What can be done in a Will to protect the family home from care fees assessment after one spouse or partner has died leaving a surviving spouse or partner who subsequently requires social care?

A Life Interest trust in the Will of a deceased spouse or partner can protect their share of the home from care fees, since the deceased’s share of the home has transferred to a trust for the remaining lifetime of the survivor, and then ultimate beneficiaries such as children, thereafter. The deceased’s share will not then be included as part of any means test assessment carried out upon the survivor by the local authority.

Please refer to our Care-Funding page for further assistance.