Guide to paying for care

Transcription

1 Guide to paying for care

2 Britain is a country with a rapidly ageing population. Official figures suggest that there are in excess of ten million people now aged 65 or over and more than a million over 85. While the increasing life expectancy of both men and women is something to be welcomed, it does mean that a great proportion of people are finding they need care in later life. In these circumstances either you or your family will need to consider the costs of paying for care at home or in a nursing or residential home. The rules which determine how elderly care is funded are notoriously complicated. With this in mind, RPJ Solicitors has produced this guide to the rules currently in place and some of the main issues that need to be considered. Please note that the pages that follow should be taken as a general introduction only and you should always seek expert legal advice about how legislation relates to your own particular circumstances. Guide to paying for care 1

3 Who pays for care? If you require care then social services will carry out a financial assessment to determine whether you have the means to cover the costs yourself. This assessment will take account of your income, including interest on savings, and pension and benefit payments, and capital, including savings, investments and property you may own. If you have upper assets of less than 23,250, then you will be eligible for financial support from your local authority. If your assets exceed this threshold then you will have to pay the full cost of your care. If you are receiving care in your own home then only savings will be taken into account. If you need to move to a care home then the value of your property may also be taken into consideration, depending on your own personal circumstances. If you find you have to pay your own costs, there are a number of different options for covering the bills. At RPJ Solicitors we can advise on the full range of choices, including the deferred payment scheme effectively a loan which enables any outstanding costs to be paid to the authorities after an individual has passed away. Guide to paying for care 2

4 Care home cap The Government has acknowledged that the number of people having to pay for their own care is on the rise and figures suggest that one in ten of those who enter the system will pay in excess of 100,000 in fees. In an attempt to address the situation, legislation has been drawn up to cap the cost of care for over 65s at 72,000. This system was originally intended to be introduced in 2016 but has been officially postponed until 2020 to give the care industry more time to prepare. Deprivation of assets Some families may be tempted to give away assets in order to qualify for help with funding, but this can prove a dangerous tactic which presents its own difficulties. If the authorities find you have deliberately deprived assets they will be considered notional capital and they will still be able to take them into account when deciding on the level of assets available. The local authority may also seek to reclaim those assets which have been transferred. If you want advice on the rules governing gifts or transferring assets then our specialist solicitors will be able to assist. Guide to paying for care 3

5 Free NHS support If you are being transferred to a nursing home from a hospital or are living with a serious health condition you may be eligible to receive NHS Continuing Care. If so, the health service will meet your nursing care needs irrespective of your financial circumstances. There has been a degree of controversy in that families are not always advised that an individual may be eligible for funding and have paid large sums of money unnecessarily. Moreover, not everyone realises that even if someone isn t initially eligible for funding when an assessment is first carried out, a fresh assessment may be requested if their health deteriorates over time. Families who are found to have been covering costs when in fact they would qualify for NHS support can apply for a refund to recover the money. In some cases, families have received refunds running into tens of thousands of pounds. At RPJ Solicitors we can advise on making an application for NHS funding and provide advice if you feel you have been covering costs when you should be eligible for financial support from the health service. Guide to paying for care 4

6 Hidden charges and consumer issues Organisations such as Citizens Advice have increasingly raised concerns about practices at some care providers. Common complaints include care homes increasing fees at very short notice, failing to pass on savings or making unexpected charges, which relatives later discover were buried in the small print of a contract. If you are worried that a care company is falling short of the standards you would expect, RPJ solicitors can advise where you stand legally. Guide to paying for care 5

7 Our Private Client Team The information in this leaflet is intended as a guide only and does not constitute legal advice. We would be pleased to answer any questions or give legal advice relating to any of the matters raised in this guide. Please don t hesitate to contact a member of our Private Client Team today. Roderick McCulloch Partner Roderick graduated from Southampton University with an LLB Honours degree in 1976 and was admitted as a Solicitor in His early career was spent with a firm in Berkhamstead where he became a partner and head of the Private Client Department. (0) roderick.mcculloch@rpj.uk.com Gillian Humphreys Consultant Gillian is a consultant in the firm. She was educated at Southampton University from where she graduated with an LLB honours degree. She later studied for the Law Society professional exams at The College of Law in Guildford. She joined the firm as an articled clerk in 1970, qualifying as a Solicitor in (0) gillian.humphreys@rpj.uk.com Guide to paying for care 6

8 Charlotte Kerns Solicitor Charlotte graduated in Law from Cardiff University in 2013 and achieved her Legal Practice Certificate at The University of Law in the summer of 2014, joining the firm as a trainee Solicitor in September of that year. (0) charlotte.kerns@rpj.uk.com (0) Vanessa May Legal Executive vanessa.may@rpj.uk.com Vanessa originally gained a position with the firm as a trainee Legal Executive back in 1979 after qualifying as an Associate of the Institute of Legal Executives before leaving to travel and work abroad for almost ten years. She returned to the UK and rejoined the firm in She qualified as a Chartered Legal Executive in January 2015 and was appointed as an Associate of the firm on 1 May Guide to paying for care 7

9 Ashley Minott Solicitor Ashley graduated in History & Politics from Queen Mary (University of London) in 2011 and went on to complete her Law Conversion Course and Legal Practice Course. She practiced as a paralegal preparing Wills, Probates, Lasting Powers of Attorney and dealing with the Court of Protection for two years before joining Reynolds Parry Jones as a Trainee Solicitor in (0) ashley.minott@rpj.uk.com Guide to paying for care 8

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