According to the High Court in the recent case of Bowen and others v Isle of Wight Council (Rev1)...
Paying for care yourself or on behalf of a loved one can often be confusing and stressful. The rules that relate to paying for care are not easily accessible and errors can easily occur.
If you require advice then we suggest you contact one of our specialists, however generally the type of care will fall into one of three categories:
- Social care, if you need help getting dressed and with personal tasks, usually in a residential home.Social Care is means tested so if you have more than £23,250 in capital you will be expected to pay in full.If your assets fall below that the Local Authority will contribute;
- Nursing Care, if your need for care relates primarily to a health need that can be complex or unpredictable the NHS may fund your care; and
- Crossover between both social and nursing care. If you have some health needs but they are not primary to your need for care this is the position.The nursing care element is funded by the NHS but the remainder by you if you are over the capital level of £23,250.
Concerns raised by family members can be:
- Will I lose my house?
- How will I find the money to pay?
- What assets can be taken to fund care?
- How will I pay any “top up” fees?
As the rules vary it is often the case that families are not aware of what should be paid for, what help is available and who should pay. In addition there is often increased pressure to assist a loved one in a move from hospital to a care home which can create a very stressful situation.
Families are also often asked to contribute towards their loved one’s care and feel obligated to do so. This can put others in a difficult financial situation and advice should be taken to try to avoid or reduce these payments.
At mfg we can advise upon individual circumstances to ensure that you don’t pay more than you need to, get the financial help you are entitled to and outline your rights should any care home chosen by third parties not be satisfactory.