We think that were it to happen over the same period, it could be regarded as equating to double charging. There are two forms of charging rules. One takes account of a person’s main home (the value of their share in the property), the other (for those having care in a non care home setting) […]
Residential accommodation – charging – capital – disregards The local authority’s decision to create a charge on the applicant’s property (under s22 Health and Social Services and Social Security Adjudications Act 1983), which was now occupied by her son, was not unreasonable. The applicant’s son had returned from Australia to help look after his ill
The claimant (“G”) challenged the decision of Worcestershire County Council to uphold its reversal of a previous decision to disregard a property owned by the claimant’s elderly mother, Mary Walford, in calculating her ability to pay care home charges. The claimant argued that the property should be disregarded because she occupied it as her home.