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FS38 Treatment of property in the means test for permanent care home provision

Source: Age UK

FS40 Deprivation of assets in the means test for care home provision

Source: Age UK
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Subject Definitions

The law recognises that persons are generally entitled to transfer their assets to whomever they wish and for whatever reason. The most common means of transfer are wills, trusts, and gifts. Increasingly, however, persons are transferring property and money in order to qualify for government funded care homes. If you give away assets or otherwise dispose of them in order to put yourself into a more favourable position to get local authority assistance with your care home fees, the local authority may be able to assess you as if you still have the assets. Department of Health guidance to local authorities suggests that the timing and motive behind the transfer should be taken into account. The local social security office can also consider whether assets were disposed of deliberately to qualify for means tested benefits such as Pension Credit.