Care fees assessment exemption - autistic child?

[zomum]

Hello

I care for my father and my 10 yr old son who has autism.
My dad owns the property outright but my son and I have lived here for nearly a decade. I have invested several thousands of pounds in to the repair of the property.
My son receives disability benefit.

I am concerned that my son and I are at risk of losing our home if this house is assessed for my Dad's care home fees.
I know that exemptions are made if there is a relative living in the property who has disabilities. Would that apply to my son?
Also, it is possible that my son may become a weekly boarder at a special needs school - would that then mean he is not permanently resident here?

I would be very grateful for any advice.
Many thanks.

 

[Kevinl]

The implementation note for the 2014 care act Annex B, paragraph 37 says that:

37) For the purposes of the disregard the meaning of ‘incapacitated’ is not closely defined. However, it will be reasonable to conclude that a relative is incapacitated if one of the following conditions apply:
(a) the relative is receiving one (or more) of the following benefits: incapacity benefit, severe disablement allowance, disability living allowance, personal independence payments, armed forces independence payments, attendance allowance, constant attendance allowance, or a similar benefit

So as long as your son gets one of these it benefits it is a mandatory disregard.
The specific circumstances about him going as a weekly boarder aren't covered, but people who are required to be elsewhere are and so as it will remain his principal private residence and that he will be coming home at weekends and school holidays then I can't see how they can claim he no longer lives there.
Section 41 says that;
40) The local authority will need to take account of the individual circumstances of each case. However, it may be helpful to consider the following factors in making a decision:
•does the relative currently occupy another property?
•if the relative has somewhere else to live do they own or rent the property (for example, how secure/permanent is it?)
•if the relative is not physically present is there evidence of a firm intention to return to or live in the property
•where does the relative pay council tax?
•where is the relative registered to vote?
•where is the relative registered with a doctor?
•are the relatives belongings located in the property?
•is there evidence that the relative has a physical connection with the property?
I would think your son matches not just one but every single one of the possible criteria to show it is where he lives.
K
https://www.gov.uk/government/publi...e/care-and-support-statutory-guidance#annexes

 

[zomum]

Kevinl - Thank you so much for taking the time to reply.
You have told me everything I need to know - I am very grateful.
I am much more reassured. Thank you.