Land ownership

Discussion in 'Legal and financial issues' started by Stephlhodg, Aug 2, 2018.

  1. Stephlhodg

    Stephlhodg New member

    Aug 2, 2018
    1
    So some advice please. This is probably an unusual situation.
    Dad has dementia and Parkinson’s after a recent hospital stint is now in a nursing home. Prior to this he was classed as a self funder with a care visit a day because he part owns 4.5 acres of pony grazing, although has savings under the 23k cap.
    His house which he outright owns is up for sale.
    He’s classs as a self funder because of this but also he part owns some land which he inherited years ago.
    So he owns half, other family members own the rest.
    They say because of this land, he is a self funder and hasn’t even been allowed the LA 12 weeks disregard. The lands worth a bit but nothing amazing it’s only grazing, but it’s an awkward situation and won’t be easy to sell as one family member lives in Spain.
    Anyone got any advice? Had a similar experience? We’re not sure if what we are being told is correct. Thanks
     
  2. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,369
    Salford
    Hi Steph, welcome to TP
    The guidance notes to the 2014 care act define what is "capital" for the purposes of a financial assessment and in Annex B, Section 6 land is defined as a capital asset (link below).
    I don't know how it works but if you have a house you can ask for a deferred payment agreement (DPA) with the LA but if the house is for sale does anyone know if that means you can't do a DPA so you don't get the 12 week disregard? I thought you still could, I don't see why owning the land matters if you've asked for a DPA based on the house he owns.
    K

    https://www.gov.uk/government/publi...ce/care-and-support-statutory-guidance#AnnexB
     

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