I shall be seeking some legal advice on this matter but in the meantime wondered if anyone can help? Hubby and I live with mum, the bungalow is in her name. At the moment she has moderate dementia but we're coping ok. However if mum had to go into care further down the line, I was always under the impression we'd have to move out of the home and it be sold to pay for her care. However, a friend told me that no, we don't have to move and the house will not be sold to pay for her care ever due to the fact that we are carers for her and living in means we can stay there. She has just been down this road with her in laws and apparently that's what they found out. Is this true? x
Legal advice?
- Thread starter little shettie
- Start date
Hello.
I'm sorry I can't help much, I also wanted to give your post a bump up to the top.
I believe the rules have changed fairly recently but as I am not sure if them I will leave it to our experts on here and will follow their replies with interest.
I'm sorry I can't help much, I also wanted to give your post a bump up to the top.
I believe the rules have changed fairly recently but as I am not sure if them I will leave it to our experts on here and will follow their replies with interest.
I have the same and heard if the person living there is under a certain age it cannot be taken into consideration
If like me you part own the property with the 'patient' then their half could be but it would be hard for social services to prove that someone would be able to buy half a property while you are still living there
I await more answers too
If like me you part own the property with the 'patient' then their half could be but it would be hard for social services to prove that someone would be able to buy half a property while you are still living there
I await more answers too
There are a few people on here who are really really good at understanding these rules as they are quite complex - to do with whether you are over 60 or have a disability I believe but one of them will be along soon or search property disregard or discretionary disregard on the threads but don't go back further than the end of last year as there have been changes
If neither you or your husband is over 60 or disabled any disregard of the property is only discretionary.
Have a read through
http://www.ageuk.org.uk/Documents/E...rmanent_care_home_provision_fcs.pdf?dtrk=true
Have a read through
http://www.ageuk.org.uk/Documents/E...rmanent_care_home_provision_fcs.pdf?dtrk=true
I co own my house with my dad who is going into care, I am NOT over 60 or disabled and the financial assessment form I have received from my LA say that in this case my dads share of the property will be taken into account. I could try to fight for a discretionary disregard as I have been his carer but to be honest I do not have the heart to and I also want to use dads capital in the property to get him the best care home for him, (SS have put him into a home after discharge from hospital that I am not happy with).
There are other people on here that are very clued up on all this type of stuff, but things changed when the new care act came into force last April so there are still a few things regarding property disregard that are a bit "grey" shall we say. I think there probably need to be some court cases to establish some precedents but it is who can afford to do this and who has the will as well.
Good luck xx
There are other people on here that are very clued up on all this type of stuff, but things changed when the new care act came into force last April so there are still a few things regarding property disregard that are a bit "grey" shall we say. I think there probably need to be some court cases to establish some precedents but it is who can afford to do this and who has the will as well.
Good luck xx
Worrier123 was interested in answers to part owned properties, so I just thought I would share what my experience has been. I realise that the OP situation is very different to mine, but the whole property disregard issue under the new care act seems to be less than clear. I will keep quiet from now on
It's a complicated one, the council can do a "discretionary disregard" on the house and you can continue living there.
The 2014 Care Act, Annex B, section 42 (page 415 on the link) below says:
"•• Was the relative occupying another property as their main or only home at the time of the previous financial assessment?
•• Could the relative have reasonably expected to have the property taken into account at the time they moved into the property?
•• Would failure to disregard the property result in the eligible relative becoming homeless?
•• Would failure to disregard the property negatively impact on the eligible relatives own health and wellbeing?
The council don't have to disregard the house but it sounds like you have a strong case for asking them to as you moved in to be her carers and have no other residence.
Should you have a disability or be over 60 or under 18 then the house would have to be disregarded.
K
https://www.gov.uk/government/uploa.../file/366104/43380_23902777_Care_Act_Book.pdf
The 2014 Care Act, Annex B, section 42 (page 415 on the link) below says:
"•• Was the relative occupying another property as their main or only home at the time of the previous financial assessment?
•• Could the relative have reasonably expected to have the property taken into account at the time they moved into the property?
•• Would failure to disregard the property result in the eligible relative becoming homeless?
•• Would failure to disregard the property negatively impact on the eligible relatives own health and wellbeing?
The council don't have to disregard the house but it sounds like you have a strong case for asking them to as you moved in to be her carers and have no other residence.
Should you have a disability or be over 60 or under 18 then the house would have to be disregarded.
K
https://www.gov.uk/government/uploa.../file/366104/43380_23902777_Care_Act_Book.pdf
please don't keep quiet nellybell, your posts are greatly appreciated. I have been corrected a few times too but that is why this forum is so good, everyone has different experiences but there are some people (who have posted on this thread) who are really good at the detail of these Acts and it's helpful that they do put it straight don't you think? Don't be offended xxx
Equally, they're only guessing too, whether an educated guess or not, it's still only a guess and an opinion.
Keep posting your experience.
Sent from my iPhone using Talking Point
Hi we've just had to remove a few off topic posts from this thread, also we welcome people sharing their experiences around this but we would also underline that it's wise to seek professional legal advice (as the OP is doing) from a solicitor or the Citizens Advice Bureau as well.
Thanks
Thanks
