Avoiding Care Fees: Deprivation of Assets – The Law

Care Act 2014

The Care and Support (Charging and Assessment of Resources) Regulations 2014

Care and Support Statutory Guidance

Charging – Chapter 8

Annex B – Treatment of Capital

Annex C – Treatment of Income

Annex E – Deprivation of Assets

What is meant by deprivation of assets?

A person can deprive themselves of capital in many ways. However, this will not be deliberate in all cases.

There may be many reasons for a person depriving themselves of an asset. A local authority should therefore consider the following before deciding whether deprivation for the purpose of avoiding care and support charges has occurred:

(a) whether avoiding the care and support charge was a significant motivation in the timing of the disposal of the asset; at the point the capital was disposed of could the person have a reasonable expectation of the need for care and support?

(b) did the person have a reasonable expectation of needing to contribute to the cost of their eligible care needs?

Notional Capital/Income – In some circumstances a person may be treated as having a capital asset or income even where they do not actually have it. This might include for example available income that has not been applied for, or a capital asset that a person has deliberately deprived themselves of for the purpose of reducing the amount they are liable to pay for their care. Annex E (34)

Care Navigators are expert care funding and benefits advisers to help you through the care maze. We can help you choose care, get the right assessments, make sure you are claiming your benefit entitlement and aren’t paying for care that you shouldn’t be.

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