Care Act 2014 - will it be applied retrospectively?

Discussion in 'Legal and financial issues' started by theplume, Jan 20, 2015.

  1. theplume

    theplume Registered User

    Nov 30, 2011
    9
    Just trying to get my head around this subject!!
    My folks have been self funders now since Jan 2010 (both were admitted to a home at the suggestion of Social services as both have Alzheimers). So far, they have spent the proceeds of the house sale (£190k each) and are now using savings. When this Care Act comes into play in 2016, and assuming they are still with us, will they automatically qualify for support - i.e. will the money they have spent be considered?
    I have looked but cannot find a definitive answer.
     
  2. Pickles53

    Pickles53 Registered User

    Feb 25, 2014
    2,475
    Radcliffe on Trent
    I think this has been discussed on another thread a while back but I can't find it. My recollection is that nothing paid before the act comes into force counts towards the 'cap'.

    Hope someone with a better memory comes along soon....
     
  3. Soobee

    Soobee Registered User

    Aug 22, 2009
    2,734
    South
    I'm pretty sure that it's a definite 'no' to anything retrospectively. I attended a briefing where it was mentioned.
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    19,244
    Male
    North Manchester
  5. Wirralson

    Wirralson Account Closed

    May 30, 2012
    658
    To add to what Nitram has posted: it is very unusual indeed for statutes to be retrospective. Most forms of retrospective detriment would probably now be considered incompatible with the Human Rights Act 1998. Retrospective benefits are unusual, and normally only done to deal with an anomaly or a Court judgment requiring it. That doesn't apply here.

    W
     

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