Experience of Relative moving into father’s house and LA disregard

[Tubs1957]

My Dad has been in care since July last year. He owns his own home that has a small mortgage on it. The 12 week property disregard was up in October. I am now trying to sell his house to meet his fees. I had considered selling my house and moving into his and using my proceeds to spend on extensive renovations his house needs. But as I don’t know how long his fees will be payable, I’d have to keep a good amount back and as he has a mortgage to be paid off and so do I, there wouldn’t be enough money immediately available to spend on the house. So at the moment, fees are accruing and the house is proving difficult to sell. I’ve now come across a government ruling which seems to suggest it may be feasible for a relative over 60 to move into the property and depending on individual circumstances, the LA may disregard it. I am seeking legal advice but just wondered if anyone had had a similar experience?

 

[marionq]

If you had already been living there then that may have been acceptable but since you have your own home that is not the case. If you bought his house and invested the money for his care that would be fine.

 

[Pete R]

If you/relative were over 60 and lived in you Dad's house as your main home before he went into care then the house would be subject to a Mandatory Disregard from his Financial Assessment as long as you/they lived there.

A Discretionary Disregarded may be available if someone moves into the property after your Dad went into care but each case is taken on merit and is only considered when the property is the only place available to prevent homelessness.

There are examples in the CA2014 Statutory Guidance. Annexe B Sec 42 onwards....
https://www.gov.uk/government/publi...ce/care-and-support-statutory-guidance#AnnexB

 

[Beate]

Marionq is right, you can't just move in after and claim the disregard. The rule is there to protect spouses, close relatives who are over 60 or disabled who already lived in the property from losing their main or only home. You have a home.

You can read up on the rules here:
https://www.independentage.org/site...actsheet-Care-home-fees-and-your-property.pdf

You can asking LA to enter into a Deferred Payment Agreement - the above link talks about that as well.

 

[Shedrech]

sorry to say, dad's house took a while to sell and a much lower offer than the asking price had to taken, in the end

 

[love.dad.but..]

It took some time also to sell my dad's house and an offer was taken. If you are responsible for selling his house then I presume you have finance poa as I did but I think I have read somewhere previously on TP that if you decide to buy his house an advocate should be appointed to represent your dad as it could be conflict of interest for an attorney.