Care Fees – Devon Will Writer

There are TWO different types of “Care” with relevant care fees available in England & Wales, being either HEALTH care or SOCIAL care.

Firstly, 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 care needs, then a person will be assessed (means-tested) for their ability to pay for that SOCIAL 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.

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 should 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 aged over 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. There are proposals to reform this system by late 2023, however the status quo shall remain until then.

You would be well advised to seek professional guidance before agreeing to, or paying for, any SOCIAL care. The “Care” system focuses almost exclusively upon collecting money rather than the legal rights of a patient and their representatives.

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