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Care Act 2014 - will it be applied retrospectively?

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.
 

Pickles53

Registered User
Feb 25, 2014
2,474
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....
 

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.
 

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