Do I Have to Sell My House to Pay Care Home Fees?

Author:
Rachel Barker
Care Homes Fees Solicitor
Date:
11/04/2019

Possibly. The first thing to consider is whether you or your loved one are responsible for the care home fees and this is usually means-tested by your Local Authority.

If you’re deemed to be a “self-funder” because you have capital over £23,250 you’ll be responsible for 100% of the care home fees. However, if your capital is below £23,250 then the Local Authority may be responsible for paying some of the fees and you’re likely to make a contribution from your income.

You should always bear in mind that this assumes you are not eligible for NHS Continuing Healthcare Funding (details below), which is not means-tested.

For a no obligation discussion about your eligibility for NHS Continuing Healthcare Funding get in touch with our Care Home Fees Solicitors.

Call us on 08002605010 or request a callback and we will help you.

Is My Home included as Available Capital?

Your home is included within the means-tested financial assessment unless your home is still occupied by the following:

      • Partner or ex-partner
      • A relative over 60
      • A child under 18
      • A relative who is disabled
      • An estranged or divorced partner if they’re also a lone parent

There are complex rules around disregarding property and the Local Authority can also exercise its discretion to disregard a property depending on the circumstances. For advice on this issue, get in touch with our Care Homes Fees team.

Do I Have to Sell My Home Immediately?

No, you don't have to sell your home immediately to pay for your care home fees. Your Local Authority can’t force you to sell and they should offer you a deferred payment agreement. This is essentially a loan whereby the Local Authority pays the care home fees and places a legal charge over the property, which will be discharged once the property is sold, usually once you’ve passed away. The care home fees are not written off and the Local Authority is essentially bridging the gap whilst the property is sold.

It’s also worth noting that if your property is included within your capital and income, then you’ll be entitled to a 12-week disregard. This means that the Local Authority must disregard the value of your property for the first 12 weeks of moving into a care home on a permanent basis providing your capital is less than £23,250

Can I Transfer My Title Deeds to Prevent Paying Care Fees?

No, this is likely to be regarded by the Local Authority as a deprivation of assets and if the Local Authority finds evidence of deprivation of assets, they’ll still include the property within the means-tested financial assessment and you could still be responsible for the full care home fees.

Are Care Home Fees always Payable?

There are some circumstances where care home fees can be subsidised by either Funded Nursing Care or NHS Continuing Healthcare Funding. Funded Nursing Care is a contribution to care fees where a person is deemed to need more than just residential care. NHS funded nursing care is paid at the same rate across England. In April 2018, the rate was set at £158.16 a week. 

NHS Continuing Healthcare Funding is available to any person who has healthcare needs over and above the low level of care a Local Authority can legally provide. If you’re eligible for NHS Continuing Healthcare Funding, it usually means the full care home fees are paid by the NHS.

Our Care Home Fees Solicitors can help you to decide whether to request an NHS Continuing Healthcare Funding assessment, represent you at meetings, assist with backdated claims and help you challenge a healthcare funding decision you believe is wrong.

For a discussion with no obligation call our Care Home Solicitors

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