Giving Away Assets to Avoid Paying for Care

How care home fees are assessed

When you need residential care, your local authority will carry out a financial assessment to work out how much you should contribute towards the cost. This means test looks at your income, savings, investments, property and other capital.

If your assets fall above a certain threshold, you will be expected to pay for your care in full. Below that level, you may qualify for some help from the council. The exact figures can change, so check GOV.UK or contact your local authority for current thresholds.

As a result, some people explore giving away money or property to family members before a care needs assessment. The idea is to reduce their assets on paper and qualify for council funding. This approach carries significant financial and legal risks that can affect both you and the people who receive your gifts.

What counts as deprivation of assets

If you deliberately dispose of assets to reduce your wealth and increase your chance of receiving local authority support, this is known as deprivation of assets. It applies whether you give things away, sell them for less than their value, or spend large sums in ways that seem designed to run down your capital. The Care Act 2014 provides the framework councils use when investigating these situations.

The local authority does not need to witness the transfer happening. Where specific concerns arise about your finances, they can examine your financial history and consider:

  • When you transferred the asset
  • Whether you could have reasonably foreseen needing care at that time
  • The difference between the asset's value and what you received for it
  • Your reasons for making the transfer

If the council decides deprivation has taken place, they can treat you as though you still own the asset. This means you could still be charged for care based on money or property you no longer have.

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Timing and intent matter

Giving gifts to family is not automatically treated as deprivation. People pass on money or property for many legitimate reasons: helping a child buy a home, supporting grandchildren, or simply wanting to see loved ones benefit while you are still alive.

A significant factor is whether avoiding care fees was a primary motive. If you gave away a large sum years before any health problems arose, and had no reason to expect you would need care, the council may accept this was a genuine gift. If you transferred your house to your children shortly after a diagnosis, or just before requesting an assessment, that is likely to be viewed differently.

There is no fixed time limit for how far back the council can look. Each case is judged on its own circumstances.

What happens if deprivation is found

Where the local authority believes deprivation has occurred, they will include the value of the asset in your financial assessment as if you still held it. This is sometimes called notional capital.

The council cannot compel the person who received the asset to pay for your care. However, they can continue to assess your fees as though you still own the assets you gave away, leaving you personally liable for costs you may struggle to meet.

You have the right to challenge a deprivation decision. The local authority must be able to show that avoiding care costs was at least part of your purpose. If you believe their conclusion is wrong, you can request a review or make a formal complaint through the council's complaints process. Citizens Advice or a solicitor specialising in care funding can help you understand your options.

Before making any large financial gifts, it is sensible to get independent advice. A financial adviser or solicitor familiar with care funding rules can explain how your plans might affect a future assessment.