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Martin Searle Solicitors

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Paying For Care At Home & Care Home Funding


“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 

Planning & paying for care for elderly or vulnerable people

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.

Our Planning and Paying For Care solicitors 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.

It may be useful to refer to our list of Abbreviations Used in Community Care Law and Abbreviations Used in SEN and Disability Law.

The £86,000 social care cap

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.

How we can help with care home fees

If you’re entitled to care home funding, Cate Searle and our team of Community Care lawyers can ensure you avoid incorrect 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:

  • Income and capital assessments
  • Investments
  • Any property
  • Jointly held assets

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.

Our Care Home solicitors also have the expertise to provide care home contracts advice to ensure that contractual arrangements are approached in the correct manner.

Help with paying for care at home

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 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.

Contact us today on 01273 609911, or email

Martin Searle Solicitors, 9 Marlborough Place, Brighton, BN1 1UB
T: 01273 609 991

Martin Searle Solicitors is the trading name of ms solicitors ltd, which is authorised and regulated by the Solicitors Regulation Authority, and is registered in England under company number 05067303.

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