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Means testing the family home

Problem: Mrs J had been living in residential care for 3 months after her discharge from hospital. Her care assessment concluded she was unable to return to her own home. Mrs J was registered at the Land Registry as the sole owner of her property. Her capital and income had been assessed and she had been told she exceeded the limits for state funded care.

Her property was originally bought under the Right to Buy scheme some years ago when her husband was alive. Her daughter supplied the money they needed to buy the property as Mrs L and her husband could not raise enough money at the time.

Social Services told Mrs J the whole of the value of her property must be included in the means testing of her capital. Mrs L and her daughter were worried the money her daughter had invested in the property would be lost.

How we helped: We helped Mrs L’s daughter provide documentary evidence to support her claim that it was her money that was used to pay for the purchase of the property and she had not made a gift to her parents. We lodged an appeal against the local authority’s assessment of Mrs L’s capital and successfully argued that the property should be disregarded from the means testing assessment. As a result Mrs L was re-assessed and her daughter did not lose her financial stake in the property.

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