Deprivation of Assets to avoid paying for care

My son receives s.117 Aftercare funding. He is due a small legacy of £40K. He is currently in supported living and both his housing and care are paid for by the ICB. However, if my son were to move into his own home, i.e a rented flat would his legacy money have to pay for his housing and care or as he is s.117 funded would the ICB be responsible for paying for both?

Leave a Comment / Accommodation rights associated with CHC (Care home placements and supported living through the ICB’s plan), Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging and financial assessment, Deprivation of Assets to avoid paying for care, How housing rights fit in with the Care Act, How NHS services and Continuing NHS Health Care fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Paying for necessary goods and services, Q&As on Care planning, Cuts, and Personal Budgets, Reviews and Revisions (cuts or changes to content), Reviews and revisions of Continuing NHS Healthcare and s 117 Aftercare plans, Reviews, Revisions and Re-assessments under the Care Act, Supported Living and Care, The ICB’s duties and challenging the decision /

It is unusual for housing to be paid for by an ICB and council for a person on s117 aftercare, but not wrong in principle. If he were to move to his own home and sign a tenancy, his legacy would mean he would not get benefits. He may prefer to do that, in terms […]

My son receives s.117 Aftercare funding. He is due a small legacy of £40K. He is currently in supported living and both his housing and care are paid for by the ICB. However, if my son were to move into his own home, i.e a rented flat would his legacy money have to pay for his housing and care or as he is s.117 funded would the ICB be responsible for paying for both? Read More »

In what circumstances can authorities charge less for residential care than the regulations specify for ordinary care home residents?

Leave a Comment / Charging and financial assessment, Charging and Financial Assessment Q&As, Deprivation of Assets to avoid paying for care, Q&As on Charging and Financial Assessment, The right to charge for social care /

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In what circumstances can authorities charge less for residential care than the regulations specify for ordinary care home residents? Read More »

Yule v South Lanarkshire Council (The Times, 18 May 1998) Scottish Court of Session (Outer House)

Leave a Comment / Charging and financial assessment, Deprivation of Assets to avoid paying for care, The right to charge for social care /

In assessing the ability to pay for residential accommodation, a local authority is entitled to treat persons as possessing actual capital of which they have deprived themselves for the purpose of decreasing the amount that they may be liable to pay for their accommodation, notwithstanding the fact that they deprived themselves of the capital outside

Yule v South Lanarkshire Council (The Times, 18 May 1998) Scottish Court of Session (Outer House) Read More »

Robertson v Fife Council [2002] UKHL 35

Leave a Comment / Charging and financial assessment, Deprivation of Assets to avoid paying for care /

The House of Lords ruled that a Scottish local authority was not entitled to take a person’s capital into account when considering whether that person’s needs called for the provision of residential accommodation. A person’s capital was only relevant at the later stage of deciding whether or not that person should be charged for the

Robertson v Fife Council [2002] UKHL 35 Read More »

Robertson v Fife Council [2001] (Unreported) (Scottish Court of Session, First Division)

Leave a Comment / Charging and financial assessment, Deprivation of Assets to avoid paying for care /

NB Overruled by House of Lords:  Robertson v Fife Council [2002] UKHL 35 Residential accommodation – assistance – capital – notional capital – nursing care When deciding whether to provide someone with assistance by way of residential accommodation, a local authority might properly have regard to their capital, including notional capital. Further, a local authority

Robertson v Fife Council [2001] (Unreported) (Scottish Court of Session, First Division) Read More »

Derbyshire County Council & Another v Akrill & Others [2005] EWCA Civ 308

Leave a Comment / Charging and financial assessment, Civil Proceedings, Financial Compensation and Restitution, Deprivation of Assets to avoid paying for care, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The right to charge for social care /

This case focuses on the power of a local authority to recover charges it has incurred for the provision of residential care where a gift is made by a patient to another in order to decrease the amount he may be liable to pay for accommodation It also examined the right of a person receiving

Derbyshire County Council & Another v Akrill & Others [2005] EWCA Civ 308 Read More »

Beeson v Dorset County Council (30 November 2001) (unreported) (QBD)

Leave a Comment / Article 6 the right to a fair determination of one’s civil rights, Charging and financial assessment, Debt recovery for social care charges, Deprivation of Assets to avoid paying for care, Human Rights in health and Social Care, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Deprivation of assets – charging – complaints – human rights *Please note that the High Court’s decision relating to article 6 has been overturned by the Court of Appeal (see below).  Mr Beeson at the age of 90 suffered a stroke. Shortly after his hospital discharge, he gifted his house to his son, out of

Beeson v Dorset County Council (30 November 2001) (unreported) (QBD) Read More »