Friend's Query/dilemma

[jennyjoan]

Met a guy there in the supermarket and he was telling me his mother who I know very well is now in the early stages of Dementia.

He is a timid guy and he said to me that the house is in his mother's name and he is worried that if she goes into a home that the said home would make him sell the house for her care fees rendering him homeless and jobless. Lost his job last year.

Is that the case for him. Lovely big guy.

[mandimoo]

Brother in law probably won't help as it will reduce what he might be in line to receive.

[EDDIE51]

here is the age uk fact sheet for the treatment of property with regard to care fees. I have just noticed that it may be different for NI so he needs to get in touch with his local branch
http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38_Treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf?dtrk=true

[ubasses]

Sorry Jenny had to go for a bit, copied this from Govt web site.' and asterisked the relevant sentence.

If you own your home, it may be counted as capital 12 weeks after you move into a residential care or nursing home on a permanent basis. However, your home won't be counted as capital if any of the following people still live there:

your husband, wife, partner or civil partner
**a close relative who is 60 **or over, or incapacitated
a close relative under the age of 16 who you're legally liable to support
your ex-husband, ex-wife, ex-civil partner or ex-partner if they are a lone parent

[jennyjoan]

thanks ubasses for that but as sunny dave has mentioned - upon her death would friend have to sell her house.

[ubasses]

I have an identical question on This Money, a copy of the answer below. As long as he does not sell the house during her lifetime and it has been disregarded from her assessment he will be okay.

Janet Davies, of care home fees planning firm Symponia, says: 'As you quite rightly say a person’s home is disregarded if a relative over 60 lives in it. So providing that your mother’s home is your main residence and you lived there (and only there) for a while before she needed formal care, then it should be excluded.
'Your comments about your mother already being in receipt of local authority contributions would suggest that this is the case. This key fact should have been documented in the letter confirming the outcome of the assessment and the contributions.
'If the property is subject to the disregard it will continue to be excluded whilst it remains your main residence. If however you sold it during her lifetime, then the proceeds would be included in her assessment from the completion date and she would stop receiving any contributions.


'After your mother’s passing the house and/or its value will form part of her estate, and how this is treated thereafter will be determined by the details and wishes set out in her will or by the laws on intestacy if she doesn’t have a will.
'Sorry if this sounds obvious, but once your mother passes, she will no longer need care and the need for the Local Authority to provide funding will cease. There should be no need for you pay back any of the money contributed by the council.
'The only exception to this will be if the property is actually being included in her assessment and the council are offering the “deferred payment scheme”. If this is the situation then yes, the all monies paid out towards her care would need to be repaid after her passing.
'From what you have said the latter is unlikely to be the case, but it will be worth double-checking with the social worker to put your mind at rest.'

[jennyjoan]

thank you Ubasses and to others.

[themas]

That looks fine if he is over 60, but as Eddie says it may be different in NI. You really do need to check it locally - preferably Age UK in NI (or you could ask the local authority social services people but I'd be very cautious about what info. you give them).

[jennyjoan]

My cousin's son works for AgedNI although I never see him but will make a point to mention friend's dilemma to her. My cousin knows this guy and his mother too.

[TWR]

I'm going through this Issue with my Mother at the Moment Jenny, but in my case, there is no house but I'm in the Process of the C.O.P. papers.