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Can the government take your house to pay for care in the UK?

5 min read

Facing care costs is a reality for many, with some residential care fees reaching over £850 per week in the UK. Understanding the regulations is crucial, especially regarding whether the government can take your house to pay for care in the UK.

Quick Summary

The government cannot force a sale of your house to pay for care in the UK, but its value is considered during a financial assessment for permanent residential care. You may be offered a Deferred Payment Scheme, using your home's value as a loan for fees, which is repaid later.

Key Points

  • No Forced Sale: The government cannot force you to sell your house during your lifetime to pay for care fees.

  • Means-Tested Assessment: The value of your property is usually included in the financial assessment for permanent residential care, affecting how much you contribute.

  • Deferred Payment Scheme: This allows you to use your home as security for a loan from the council to pay fees, delaying the need to sell.

  • Property Disregarded: Your house will not be counted in the assessment if a spouse, partner, or certain dependent relatives continue to live there.

  • Deprivation of Assets: Giving away your home to avoid care fees can be investigated by the council, which may still include its value in the assessment.

  • 12-Week Disregard: You have a 12-week grace period when moving into permanent care where the property's value is not included, allowing time for financial planning.

In This Article

Navigating care costs: Your property and the means test

Many people are concerned about how their property will affect their eligibility for state funding for long-term care. The rules can be complex, but a key takeaway is that the government cannot directly force you to sell your home. Instead, the value of your property is factored into a financial assessment, or 'means test', which determines how much you must contribute to your care costs.

The local authority financial assessment explained

Before you receive any financial support for care, your local council will conduct a two-part assessment. The first part is a needs assessment, which confirms you are eligible for care and support. The second is the financial assessment, which looks at your income and capital to calculate your contribution. In England, the capital limits for 2025 are typically:

  • Upper Capital Limit (£23,250): If your savings and assets exceed this amount, you are typically expected to fund your care in full as a 'self-funder'.
  • Lower Capital Limit (£14,250): If your capital is below this, you will pay what you can from your income, and the local authority will help with the rest.

For those with capital between these two limits, the council will contribute, but you will pay a 'tariff income' based on your capital. It is important to note that these limits can differ in Scotland, Wales, and Northern Ireland.

When is the property included in the assessment?

For care services in your own home, or for a temporary stay in residential care, your property is not included in the financial assessment. However, if you are moving into a residential care home on a permanent basis, the value of your property may be included as part of your capital. This is a critical distinction that dictates whether the house will be considered in the means test.

Exemptions: When your property is disregarded

There are specific circumstances under which the value of your property will be disregarded, meaning it is not counted in the financial assessment for permanent residential care. These include if the property remains the permanent home of:

  • Your husband, wife, or civil partner.
  • A close relative over the age of 60.
  • A close relative who is incapacitated.
  • A dependent child under 18.

Local authorities also have discretionary powers to disregard the property's value in other situations, such as if a long-term carer has given up their own home to live with you.

The Deferred Payment Scheme (DPS)

A Deferred Payment Scheme is a government-backed option for those who have been assessed as needing to contribute to their care costs but do not want to sell their home immediately. Under this scheme, the local authority effectively pays for your care home fees as a loan, which is secured against your property. The loan is then repaid, with interest, once the property is sold or from your estate after your death. This prevents the need for an immediate sale and provides greater flexibility. It is essential to get independent financial advice before entering into a DPS, as interest can accrue, increasing the total amount owed over time. You can learn more about how this scheme works through resources like the MoneyHelper Deferred Payment guide.

The 12-week property disregard

If your property is being counted in the financial assessment for permanent residential care, the council must disregard its value for the first 12 weeks of your placement. During this period, the local authority may contribute to your fees, giving you time to arrange finances, consider your options (like a DPS), or sell the property if necessary. You must inform the council of your permanent move to benefit from this disregard.

The 'Deliberate Deprivation of Assets' rule

Be aware that local authorities have rules to prevent people from giving away their assets, including property, to avoid paying for care. If the council believes you have deliberately reduced your assets for this purpose, they can still calculate your contribution as if you still owned the asset. This is known as 'deliberate deprivation of assets'. There is no set time limit for this rule, and it can be applied to actions taken many years prior to seeking care.

Alternatives to selling your home

Besides a Deferred Payment Scheme, other options can help you pay for care without an immediate sale of your home:

  1. Renting out your property: The rental income can be used to cover or contribute to your care home fees. This can significantly reduce the amount you need to defer. However, it requires careful management and can have tax implications.
  2. Equity release: You could consider a lifetime mortgage, which releases capital from your property without needing to sell it during your lifetime. Interest is charged on the loan, which is typically repaid from your estate when you die or move into long-term care.

Comparison of payment options for care home fees

Feature Deferred Payment Scheme Renting the Property Self-Funding (using equity)
Home Sale Timing Delayed until a later date (e.g., after death). Not required; optional. Required to liquidate capital for fees.
Interest & Charges Yes, based on government rates plus admin fees. No interest, but you manage tenancy. No interest, but capital is reduced.
Debt Accumulation Yes, the loan amount grows with interest. Minimal if rent covers fees; no additional debt. Not a debt, but depletes savings/equity.
Control over Property Retain ownership, but a legal charge is placed. Retain ownership and control as landlord. Lose ownership and control.
Best For... Those who want to delay selling their home. Those seeking ongoing income to cover costs. Those with sufficient liquid assets or preference for a single transaction.

Conclusion

Ultimately, while the government cannot force the sale of your home, its value will be considered in the financial assessment for permanent residential care. However, mechanisms like the Deferred Payment Scheme and property disregards offer vital protection and flexibility, ensuring you are not forced into an immediate sale. Careful planning and understanding the rules are essential for navigating this complex area of financial planning for senior care. Always seek independent financial advice to ensure you make the best decision for your specific circumstances.

Frequently Asked Questions

Not necessarily. While the value of your property is a key factor in the financial assessment for permanent residential care, the rules are complex. Your eligibility for state funding depends on your overall capital and income, and there are circumstances where your property is disregarded.

A Deferred Payment Scheme (DPS) is an agreement with your local council. They pay your care home fees, and you repay them from your home's value later, such as when it's sold or from your estate. This prevents an immediate forced sale of your home.

Yes. The council will lend you money up to a certain percentage of your home's equity. This ensures there is a sufficient amount remaining to cover eventual sale costs and interest.

If your husband, wife, or civil partner continues to live in the property after you move into residential care, the value of the house will be disregarded from your financial assessment.

This is a 12-week grace period at the beginning of your permanent care home placement, during which the value of your home is not counted in the financial assessment. This gives you time to consider your options.

No. Local authorities can investigate and challenge asset transfers, including property, if they believe it was done specifically to avoid paying care fees. This is called 'deliberate deprivation of assets', and the property's value may still be counted.

Yes. While the general principles are similar, the specific capital limits and rules regarding care funding can vary across the different countries of the UK. It is essential to check the rules for your specific location.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.