From The Will Company
On 17 November 2021, the Department of Health and Social Care published an updated policy paper. This paper contains the government’s plans for funding adult social care and reforms to funding in England. The changes are currently proposed to take effect from October 2023 with further guidance to be published in Spring 2022. This article will cover an overview of the proposed changes.
Current Rules
Under the current funding rules, if a person has capital over £23,250, they will be expected to pay all care fees themselves. This is known as self-funding. The person would need to fund their care from their capital assets and income. If capital ever reduces below £23,250 the local authority will then assist with funding.
Whilst a person has capital between £14,250 and £23,250, they are treated as if they have an extra income. For every £250 or part of £250 above £14,250, they are treated as being able to contribute an extra £1 a week income towards their care costs.
If a person has capital below £14,250, capital is fully disregarded when considering if a person should pay for their own care.
Any income received will be included in the financial assessment and is usually considered on a weekly basis and considered in full (although there are some exceptions to this). If a person’s weekly income exceeds the cost of the weekly care costs, they will be considered a self-funder. However, the local authority must allow them to keep a personal expenses allowance of £24.90 that cannot be used towards the cost of care and is reserved for personal use. Local authorities have a discretionary power to increase the personal expenses allowance.
Proposed Changes
The means test will continue to work in the same way as it does currently however the capital limits for local authority assistance will change. The upper limit will rise from £23,250 to £100,000 and the lower capital limit will rise from £14,250 to £20,000. This means that a person with capital below £20,000 is not expected to contribute capital towards the cost of their care. A person with capital between £20,000 and £100,000 will be expected to contribute in part to their care. A person with capital over £100,000 will be expected to self-fund their care.
Along with these changes, a cap will be introduced on the amount a person in England needs to contribute towards their care in their lifetime. The cap will currently be £86,000.
Not all care costs will count towards the cap. Payments towards daily living costs are not included and these include rent, food, and utility bills (for both those in a care home and those in their own home). These will be set at a nationwide flat rate of £200 a week rather than each individual needing to calculate their own daily living costs. Any top-ups for care will not count towards the cap. After the cap has been reached, a person will still be expected to fund their daily living costs and pay for any top-ups. Costs before October 2023 will not be counted towards the cap.
Reviewing Wills are important for many reasons but the need to consider long term care plans should also form part of any financial plan.
Could you do with some FREE, sound advice on:
- Writing a Will – What do I need and how much does it cost?
- Creating Lasting Powers of Attorney – If I was incapacitated who can act on my behalf?
- Property Protection Trusts – Can these really save Care Home Fees?
- Pre-Paid Funeral Plans – With so many to choose from how do I decide which plan is best?
There is so much confusion on these vital areas of estate planning, that sometimes just a chat with an expert in the field can clear up misunderstanding and set out the way ahead, without all the legal jargon.
Or complete the form below
Steve Worsfold
Affiliate Member of the Society of Will Writers
Advising on Wills/Trusts/Probate/Powers of Attorney
Mobile: 07734 744886
Office: 01903 533681
Email: steve@sussexwillwriters.co.uk
Website: www.sussexwillwriters.co.uk
Protecting What’s Precious to You,
Now and in the Future
Sussex Will Writers is proud to support Dementia Friends,
an initiative of The Alzheimers Society
Our business is certified ‘Safe to do business with’ and ‘Code compliant’
by the UK’s largest regulatory body for Will Writers, The Society of Will Writers.
Steve Worsfold has been an Affiliate Member of the Society for 15 years.