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.
The information was last updated on: 28th August 2020