The Facts - Legislation
If someone needs to move into a care home what Government support can they expect?
If an individual has capital over the upper threshold level they will not qualify for assistance from the Local Authority until such a time as his capital is below this amount. Financial thresholds vary from country to country:
| Country | Upper Threshold | Lower Threshold |
| England | £22,250 | £13,500 |
| Wales | £22,000 | £19,000 |
| Scotland | £21,500 | £13,000 |
| Northern Ireland | £22,000 | £13,250 |
Unfortunately, private are fees will therefore have to be met from existing capital and income.
Most savings and assets are included in the means test, but some confusion has surrounded the subject of whether or not a person’s home is included or not, to help clarify the situation, a persons home is not included in the means test if:
- The spouse still resides in the home
- If a relative over 60 resides in the house
- If a disabled relative lives at the property
- If a child under 16 lives in the property
- The person is in the first twelve weeks of needing permanent care.
- The care is being provided on a temporary basis.
The 12 week property Disregard
As mentioned above a persons’ property is excluded from the means test for the first twelve weeks following admission to a care home (once a permanent contract is established). This means that if their remaining capital falls inside the current threshold then the local authority should assist you with the payment of your care fees.
It is worth noting that they will in most cases only pay up to their published limits, which could leave a family with what is known as a "third party top up", to cover any difference in actual care fees and the local authority contribution.
The money paid out by the local authority during the first twelve weeks is not normally repayable.
Deferred Payment Agreement (Government Loan Scheme)
If, after the first twelve weeks the property has not been sold, the local authority can continue to pay towards the care fees, under the "deferred payment agreement", but this money is repayable once the property is sold.
Are there any State Benefits we may be entitled to?
Most state benefits are means-tested, however, Attendance Allowance is a non-means tested, tax free state benefit, payable to all individuals over the age of 65 who have needed care (defined as help with essential daily tasks, such as washing and dressing) for longer than six consecutive months.
Attendance Allowance is available at two rates, a lower rate, for those who need help during the day or the night and a higher rate, for those needing care during both the day and night.
The current weekly figures are £44.85 lower rate and £67.00 for the higher rate.
Claim forms can be obtained from larger Post Offices, Citizens Advice Bureau, Age Concern Shops, the Benefits Agency or downloaded directly from the Direct.gov web site here.
Individuals needing care under the age of 65 will still qualify for an allowance, but this is paid in the form of Disability Living Allowance (full details can be supplied on request).
What about Free Nursing Care?
Following the implementation of the Health & Social Care Act 2001, individuals assessed, as needing nursing care in a nursing home, are entitled to receive an additional nursing care allowance, this is officially known as RNCC (Registered Nursing Care Contribution).
This allowance is non-means tested and tax-free, although how much is paid will depend on where you live.
| Country | Amount (per week) |
| England | £101 |
| Wales | Decided by each local Health Board |
| Scotland | £67 |
| Northern Ireland | £100 |
In addition to the above a person may qualify for Continuing Care - the NHS contributes to the cost of care (but to qualify for this benefit, patients must be unstable and/or unpredictable and need constant 24 hour specialist/acute nursing care).
The local Primary Care Trust will carry out a Continuing Care assessment on request.
It is important to note that no nursing care allowance is currently payable for people classified as needing residential care (in a care home without nursing) or for those people receiving care in their own home.
What about Personal Care?
Personal Care in only available in Scotland and is currently paid at £149 per week. Should a resident qualify for Personal Care, they are no longer eligible to receive Attendance Allowance.