County council socal care
 

just going through a financial assessment for my dad, he's been right o nthe borderline, of qualificstion, ie 23250, and since hes been in care and Mum passing away no monies of any amount has been going out and now this puts him just over the limits :duh:.


Having an LPA and with his permission I could give away some cash to the grandkids ( leglally its up to 3k per year per person) to keep the total down a bit ,

but according the Councils finance dept they class that as " deprecation of assests" ?? .


Also they are saying that as My Mum has passed away they consider all the money even i nthe joint accounts to now be his , even though Mums Will specifically leaves all her estate to other people ?.


this bit sounds either dodgy or unfair or illegal ?



whot you reckon ? ;)

Has your Mother's Will be discharged yet? If not, then this certainly muddies the water. I am afraid that the comment about "depreciation of assets" is correct, immoral though it may be.

Going through all this at present. Had to get mum and dad's wills altered as an executor I would be held responsible if I paid out on either will as it was written and it would be classed as deprivation of capital. Now on first death the estate goes to the surviving spouse. Both houses to to auction next week and the money will be used as self funders for care home fees. Will sit there watching any chance of an inheritance going to their care home, over eight thousand a month.But I will say that they are both happy and really well looked after. Before that they had carers in 4 times a day at 22 pounds an hour but got to the stage where the time care was needed.As a pensioner myself and living 2 hours drive away I could not give them the care they needed.
Their money,they might as well spend it.

Whilst I don't understand the terms I think that if an asset (house or money etc) is given away to avoid paying then this is deemed wrong. They may even be able to go to court to retrieve it.

Is the rule 3k can be given to each person or 3k in total?
Property can / has to be sold to fund care but if a child/partner is still living in the house the forced sale of the house by council etc cannot I understand be carried out.

Is the rule, if the person owning the asset gives it away and lives for 7 years after the event, the asset cannot be forcibly recovered?

macafee2

this on the web .Quote ...
Each tax year, you can give away £3,000 worth of gifts (your 'annual exemption') tax-free. You can also give away wedding or civil partnership gifts up to £1,000 per person (£2,500 for a grandchild and £5,000 for a child). You can also give your children regular sums of money from your income


in our case its either about £600 , of if they inisist on adding all the joint accounts money up its about £6000.. to keep dad below the theshold.
the care cost is over 9k per month so self funding for one month puts him back under the theshold :duh:, so then he would have to be reassessed :mad:

C



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The three thousand pounds can be given away to each child out of earned income each year. Pensions are classed as unearned income! However once in the system the only gifts allowed are say one hundred for a birthday or small gifts to grandchildren. If the local authority say that deliberate deprivation has occurred they will come after you for up to 2 years afterwards to reclaim it. The 7 year rule does apply providing that the donor has sufficient funds to maintain themselves left.

A council will likely have little trouble in challenging any cash gifted if there is no previous history of similar amounts being gifted before the need for care became known. Before a financial assessment is undertaken the guidelines state that an assessment for continuing health care should be undertaken first. The requirement is generally ignored by both the NHS and outfits operating as local councils because it gets them off the financial hook if they first railroad through a financial assessment to get someone to self-fund their care. Has your dad been assessed for CHC?

There is some history of gifting in the past . to the kids and grandkids, all before the Covid season .


Also My Mums will ( step mum actually) leaves all her estate which is basically a proportion of the moneys in the joint accounts to her 3 Children

so cannot see how an opinion of a Council can overrule a Last Will and testament? .


I have already discussed with My step mums Kids ( all adults :D and the oldest son as well as myself are executors of the will )





C

I would not want to be the executor trying to give money out of your mothers will, council WILL come after you personally for re payment, let the eldest son deal with it, hopefully he has the money to repay them.

I think you'll find that there is no such thing as a 2 years rule. The 7 year rule applies to inheritance tax, completely different subject. Basically there is not really any time limit whatsoever