They have no right to take your income into consideration at all and i understand that you can claim half of his occupational pension.
You have every right to ask them to send you a list if the info they require so that you can take legal advice. 'Friendly' people with clipboards coming to my home wanting info doesnt appeal to me.
I have been told today that if my husband goes into a care home they will take his State pension plus half his private pension but someone else said they would take all his private pension . We have savings so will have to self fund if/when the time comes for him to go into a home but I thought the fees would come from his half of our savings and his private pension would continue to go into our joint bank account. However, if they take half his private pension then I will have to use some of my savings to live and I won’t be able touch his half of our savings. It’s been a long day and it may be six of one, half a dozen of the other and I am missing something maybe.
Suppose what I am asking is -
a) can the care home officially obtain 50% of my husband’s private pension
b) can I personally pay his care home fees from his share of our savings without interference from care home
c) if and when his savings run out is that when 50% of his private pension will be commandeered by care home?
Hopefully above makes sense - perhaps I need to see either a financial adviser or a solicitor who are clued up on this subject as it appears to be a bit of a minefield with grey areas!
It depends if you are in England or elsewhere in the UK. They can't touch your personal money, they will take half of joint savings above a certain amount (check the figure because it is quite high). You can keep half his private pension but his state pension and attendance allowance pay for care BUT look at the price of the care, if the care home is, say £600 per week, some of that is health care(free) , some is personal care (free in Scotland) and the rest is to pay for. If you live in the family home they can't sell it from under you. They have no right to any info about your own personal, private finances.
If you are financially able, they have no need to assess you, you can simply pay the fees. You are only financially assessed if you are requesting support. .turn it on its head, the care home isnt comandeering your money, there is a set fee. If you want the local authority to help with that fee they will assess your husband's (not your) ability to pay. Its horrible, but easier to think about that way.
So
A) yes
B)yes
C) you are entitled to half your joint savings and check how much he is allowed to have saved before they take it into consideration. Its not as bleak as it looks.
You can get advice from CAB/ Carers centre for free, its also online and rrally, the local authority should provide their policy to you