“We would like to thank you for your skill, advice and expertise in our case against the Council. We are delighted with the outcome and are very pleased that we were fortunate enough to choose you to advise and represent us.”
‘Chris’, Planning and Paying for Care Client
To protect your family, it is important to plan ahead for how you will cope should you or a member of your family need to pay for care at home, nursing care or a residential home.
Under the current rules, if your assessable assets are over £23,250 you will pay care fees in full. You may be entitled to care funding assistance if you qualify for NHS continuing healthcare or Section 117 aftercare funding. In addition to means tested social care, other rules will affect what care funding you receive.
Care funding and care home funding rules are complex and there are often mistakes when assessing how much someone should pay for their care.
Martin Searle Solicitors specialise in Community Care Law. We make sure Social Services correctly apply financial assessment rules so you can avoid care home fees that you are not required to pay.
We offer advice on how to avoid selling your house to pay for care and ensure your partner has enough to live on after you move into residential care.
Please refer to our Paying For Care Frequently Asked Questions.
In November 2022, the government announced that it was delaying the proposed new rules to protect adults from catastrophic care fees. Under the proposed £86,000 care cap, no-one should have to pay more than £86,000 in their lifetime for their care and support needs. The proposed care cap regime only applies in England and not in Wales. If the social care funding reforms come in at all, this will not be until October 2025 at the earliest, and nothing that is spent on care costs between now and then will count towards the cap.
If you’re entitled to care home funding, Cate Searle and our team of Community Care lawyers can ensure you avoid care home fees so that you do not overpay for care. We can advise on deprivation of assets rules and how social services will assess assets including:
We can advise on alternative funding options including deferred payment agreements (social services’ loans) to pay care home fees, and help you understand top up fees and out of area placements.
If you or a loved-one want to be cared for at home, we can advise you on the steps to take to access appropriate funding for paying for care at home. We can also help you access other funding such as disabled facilities grants for adapting your home. We can also advise on respite care to give a family carer a break, and charging rules for temporary care placements. If you require care and have complex health needs, you may be eligible for NHS continuing healthcare funding of care at home.
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