No, giving away capital or assets in order to qualify for social care funding is called ‘Deprivation of Assets’.
If you give away capital or an asset (e.g. your house) with the intention of avoiding paying care fees, the value of the assets given away will be included within the Financial Assessment completed. This includes putting your assets into a trust that cannot be cancelled.
Kent County Council will undertake an investigation to confirm if Deprivation of Assets has occurred. This investigation will consider if you could have reasonably foreseen care and support needs at the time of the transfer, if you had a reasonable expectation of the need to pay for care and if the sole or main purpose of the transfer was to qualify for social care funding sooner than expected.
If determined Deprivation of Assets has occurred, Kent County Council have the powers under the Care Act to seek payment from the recipient of the transfer for some or all the costs of the care placement.
An example of Deprivation of Assets:
In the year leading up to Mr X’s admission to permanent residential care he had been in and out of hospital and was receiving care and support at home via his daughter.
Two months prior to going into to permanent residential care Mr X transferred ownership of his property to his daughter.
Mr X was deemed as having capacity and was also advised by his solicitor that the transfer of his property to his daughter could, in the future, affect his eligibility for any means tested welfare support.
After Mr X had been in the care home for a couple of months, he approached Kent County Council for assistance towards his care fees as he had fallen under the capital threshold for funding.
It was determined that Mr. X deliberately deprived himself of assets to avoid care fees, making his daughter (the recipient of the transfer) liable for the difference between Mr X’s assessed contribution and the full cost of his care.
If you give money or capital (e.g. your house) away to intentionally avoid paying the full care home fees then the assessment of how much you will have to pay will still include the value of the assets that have been given away. This includes putting your assets into a trust that cannot be cancelled.
We will discuss with you, and may require evidence, if you could have reasonably foreseen your need for care and support at the time you gave away the assets and was the transfer for the sole or main purpose to be eligible for support from us sooner than expected.
We can also, in some circumstances, legally ask the person who was given these assets to pay some or all of the costs of your care home.