Will the State or NHS help?

Where someones needs are primarily for health care then these should be provided free of charge by the NHS. Unfortunately in the majority of cases, the primary need is deemed to be non-medical, i.e. accommodation, food and general non-medical care, although recent changes hear have increased your chances of claiming and thus it is worth consulting your doctor. Where someone has been previously detained under the mental health act, the local authority also has an obligation to provide after-care services (including possible residential care) without charge.

Various benefits may be also be claimed depending on the level of care needed and the level of income and capital assets.

Attendance Allowance

This benefit is paid if assistance is needed in your own home or a care home. The level of benefit depends on your needs and is paid at the rate of either £47.80* if assistance is needed during the day only or £71.40* if help is needed day and night. (* 2010/11 financial year). You may also be eligible for pension credit.

Free Nursing Care (Registered Nursing Care Contribution RNCC)

The NHS are responsible for paying for any “nursing” care costs that you may have within your nursing home, leaving you (or the local authority) with the residential, catering and incidental costs to pay yourself. Following a review and simplification in 2007 the NHS now makes a payment of £108.70 p/w* direct to the nursing care provider to cover the costs in providing this nursing care. (* 2010/2011 financial year)

Local Authority (Social Services) Support

Your local authority also has an obligation to arrange for care if you have insufficient income and savings of less than £23,250. This support is however means tested (on your personal [not joint] income and capital) as shown in the following table. If Assets are above £23,250 then generally no local authority support is available. Please note the value of your home is normally disregarded if occupied by a spouse/partner or dependent. Certain other assets may also be disregarded, such as policies of life insurance (this may include investment bonds) and assets derived from Prisoner of War awards, please contact us for further details.

Treatment of Capital- between £14,250 and £23,250, capital is assumed to earn a notional income of £1 p/w for each £250 above £14,250, e.g. £20 if £19,000

Treatment of income-basically you will need to pay for your own care from your available individual Personal income  less a personal allowance of £22.30  p/w. If you are married then  some income may be taken as joint- please ask for further advice. Please note that attendance allowance will be lost when you become eligible for local authority assistance.

It should be noted that the local authority has no rights to request information in relation to a partners income or capital. You should seek immediate advice if you have been told you are being treated as a liable relative.

* Source: CRAG (Charging for Residential Accommodation Guide) April 2010

Support is also normally capped by your local authority at the standard rate. (Nursing band 1 – £506 p/w net of  Source: Devon CC 04/08)