If somebody is LA funded they will forfeit all state benefits and pensions but only half of any private or occupational pension if the spouse is still alive.
Capital of between £14,250 and £23,250 is assessed to show an assumed (or ‘tariff’) income. For every £250 or part of £250 of capital between £14,250 and £23,250 you are assessed as though you have an extra £1 per week income. The value of the house is not included if the spouse (or certain other classes of people) lives in it.
The resident is allowed to retain a PEA (Personal Expenses Allowance) of £24.90/Wk
I don't understand this comment I'm afraid. Tenants-in-common doesn't have to be anything to do with children from a previous relation ship, though if course it can affect that.If you were still living in it as his spouse then they would not be able to put a charge on it unless you were tenants in common (I think it's that one) which is normally done if one or both of you have children from a previous relationship.
Is it not as simple as if the proceeds of the house remain as cash then half is an asset of the person with dementia and as such included in any financial assessment.
If the money is used to buy another property and the person with dementia lives there with their spouse then when being financially assessed for care, the whole of the money will be disregarded as it was used to buy the home in which the caring partner needs to live.
I am not sure you have this quite right.My understanding is that it is 'disregarded' while the caring partner is alive but if Tenants in Common then when the caring partner dies the money will be taken from the cared for person's portion of the value of the property as there will be a charge against it. If the caring person goes into care themselves and the property needs to be sold then presumably the LA could take their share of the cared for person's portion at that time.
With regard to the Automatic Disregard nothing has changed under the New Act.I gather the new Care Act has altered a number of things ..............
Just to add to what has been said. It may be wise to split the capital from the sale into 2 separate accounts for both of you. Then use the capital in your OH account to pay/have paid for the alterations. There are examples in the New Care Act Guidance to say if it is not separate accounts the amount will be split equally.We sold our house six months ago to move in with my daughter. I am assuming that I am entitled to split the equity so we have half each and SS don't assess us on the whole? OH is still at home so this isn't an issue at the moment but I know SS will want to know how any capital has been used. I have had a few alterations to our new place for Bernard's benefit, walk in shower, wider doors etc. so hope I can offset that cost against his share of capital but not sure what the rules are.
Thank you for clarifying that. As I have no need for knowing about the changes now, I admit to not having kept myself informed regarding changes.With regard to the Automatic Disregard nothing has changed under the New Act.
Thank you for clarifying that. As I have no need for knowing about the changes now, I admit to not having kept myself informed regarding changes.
So the disregard is automatic as I thought rather than discretionary. Maybe Esmeralda's solicitor was speaking about homes held as Tenants in Common by other than married couples.
If the person with dementia owns their own home, this may be included in the financial assessment to determine who pays care home fees. However, the home will not be taken into account if one of the following people also lives in the property, and will continue to live they're after the person has moved into a care home:
• a husband, wife or civil partner
•a close relative over the age of 60 (as set out in the guidance used by local authorities)
•a dependent child
•a relative who is disabled or incapacitated.