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)

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