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How can a local authority recover its costs where property has been placed in a trust?

Anonymous (Private practice)

Q:
Before the Care Act 2014 came into force a local authority could place a charge on the property of an individual in long term residential care. This could be done by consent (under the Health and Social Care Act 2001) or at the authority's discretion (under the Health and Social Services and Social Security Adjudications Act 1983). If the authority considered there was a deprivation of assets e.g. transferring the property or placing it into a trust deliberately to avoid care costs, then an HASSASSA charge could be used to secure any possible debt. Since the introduction of the Care Act local authorities are expressly prevented from placing an HASSASSA charge on a property. So, if a property has been transferred or put into trust as deprivation, can a local authority put a charge against the property to secure its interest? Also, is it possible to place a charge on property in a trust (not treated as deprived) where the resident in care still has a beneficial interest?

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Also Found In
Resource ID a-021-5671
© 2024 Thomson Reuters. All rights reserved.
Date published
26 October 2015
Resource Type Ask
Jurisdictions
  • England
  • Wales
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