Deprivation of capital

Overview What counts as capital? What counts as deprivation? How does the council decide? Are there any time limits on deprivation of capital? Can someone receiving the capital be held liable for the fees? Challenging council decisions Seeking independent advice Further information

How does the council decide?

The council will decide whether you’ve intentionally deprived yourself of capital. There may be more than one reason for disposing of a capital asset, only one of which is to avoid a charge for accommodation. Avoiding the charge need not be your main motive, but it must be a significant one.

The council will look at the timing of the disposal of the asset. The council don’t need to prove intention if they think a significant motive was to avoid paying care home fees.

The circumstances leading up to the disposal – such as whether it was reasonable for you to foresee admission to care – are considered.

Intention is the main factor.