Deprivation of Assets

Why is this important?
What is 'deprivation of assets'?
What are my assets?
When can assets be legitimately distributed?
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Bradford Council - Adult Social Care information and contacts

Why is this important?

For you to receive services, the Council is legally obliged to financially assess you and charge you if your capital exceeds certain limits – these limits are set out in our webpage leaflet “Paying for Residential Care”. There is also information about Personal Choice Contributions (PDF) (top ups).

Information about paying for non-residential care services can be found in our webpage leaflet “Paying for Non-Residential Care” and also includes a link to our Non-Residential Care Contribution Policy (PDF)

We financially assess everyone accessing adult social care funded services so that all residents of Bradford are treated fairly and the council tax payers are protected.

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What is 'deprivation of assets'?

Deprivation of assets occurs when you intentionally reduce your savings, assets or income to avoid using their value towards paying for your care and support.

The Council may decide that you have deliberately given away or disposed of some or all of your savings or other capital asset or income in order to reduce the amount of your assessed care and support charge. If the Council decide you have done this deliberately we will treat your financial assessment as if you still had those savings, assets or income.

This will mean that you would be expected to pay as if you had the savings, assets or income still available to you and this would be shown as notional income or notional capital on your financial assessment.

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What are my assets?

An asset may be money (including savings) or property (for example, your home). Deprivation of assets could include:

a lump-sum payment to someone else, for example as a gift
substantial expenditure has been incurred suddenly and is out of character with previous spending
the title deeds of a property have been transferred to someone else
assets have been put in to a trust that cannot be revoked
assets have been converted into another form that would be subject to a disregard under the financial assessment, for example personal possessions
assets have been reduced by living extravagantly,
assets have been used to purchase an investment bond with life insurance

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When can assets be legitimately distributed?

Questions of deprivation therefore should only be considered where the person ceases to possess assets that would have otherwise been taken into account for the purposes of the financial assessment or has turned the asset into one that is now disregarded.

Timing is key.

If at the point of giving away your savings, assets or income you know that you need, or may need, care, you will be deemed to have intentionally reduced your assets to avoid them being used in calculations towards your cost of care.

To give assets away legitimately you will need to have no current, ongoing or likely social care needs.

The Council can ask if you have ever owned a property and the recipients of the property could be asked to pay a contribution towards your care instead.

The Council is also able to recover any debt assessed as owing to them via legal proceedings, including from the person to whom the asset was gifted. There may be considerable legal costs in this which you or they could be liable for.

The Council will need to determine that avoiding social care costs was a significant reason for your giving away these savings, assets or income.

For further guidance please refer to the Office of Public Guardian’s guidance on Gifting

If in doubt, ensure you receive independent financial and/or legal advice before disposing of your assets or gifting them.

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