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Do you have to sell your house to pay for care in the UK?

5 min read

Nearly a quarter of a million people in the UK live in residential care homes, and many families worry about the financial implications. This expert guide addresses the complex question: do you have to sell your house to pay for care in the UK? The answer is more nuanced than a simple 'yes' or 'no', depending on specific circumstances.

Quick Summary

The decision to sell your house for UK care fees depends on a financial assessment by your local council and whether the care is residential or at-home. Crucial exemptions exist, particularly if a spouse or other qualifying dependent still lives there, or if a deferred payment agreement can be set up.

Key Points

  • Financial Assessment is Key: A local council's means test determines your contribution to care costs, especially for permanent residential care.

  • Home Disregard Rules Exist: Your property's value can be disregarded if a spouse, dependent relative, or someone else meeting certain criteria continues to live there.

  • Deferred Payments are an Option: A Deferred Payment Agreement (DPA) with the council allows you to delay selling your home, borrowing against its value to pay care fees.

  • Beware Deprivation of Assets: Giving away your property to avoid care fees can be penalised by the council, which may still include the asset in your financial assessment.

  • NHS Funding is Non-Means-Tested: If your care needs are primarily health-related, you might qualify for NHS Continuing Healthcare, which covers all costs.

  • Seek Independent Advice: Due to the complexity, it's crucial to seek advice from an independent financial adviser specialising in later life finances.

In This Article

The Local Authority Financial Assessment

Before any financial contributions are determined, your local council will perform a care needs assessment to confirm that you require care, whether at home or in a residential setting. If a care home is deemed necessary, they will conduct a financial assessment (or 'means test') to calculate how much you must pay towards the fees. This assessment considers your income and your capital, including savings, investments, and any property you own.

In England, the financial thresholds for 2024-2025 are that if your capital is above £23,250, you are likely expected to fund your own care in full. If your capital is below £14,250, you will likely receive maximum support. For amounts between these figures, the council will contribute, but you will also pay a contribution based on a 'tariff income' calculation. In England, a property's value is not included in the financial assessment for at-home care, only for residential care.

When Your Property is Disregarded

There are several key circumstances where the value of your property is disregarded in the financial assessment for a permanent care home stay. If any of the following people still live in your home after you move into residential care, its value will not be counted:

  • Your spouse or civil partner
  • A close relative who is over 60 years old
  • A close relative who is disabled or incapacitated
  • A child of yours who is under 18
  • Your estranged or divorced partner if they are a lone parent still living there

It is important to note that these are national rules, but councils have some discretion, and it is always worth discussing your specific situation with them. The rules vary in Scotland, Wales, and Northern Ireland, so individuals in these nations should check the specific guidelines for their region.

The 12-Week Property Disregard

For a permanent move into a care home, there is a helpful provision called the '12-week property disregard'. This means the council will not include the value of your main or only home in the financial assessment for the first 12 weeks. This provides a vital grace period for you and your family to decide how to fund your care long-term, which could involve selling the property, arranging a deferred payment agreement, or other options. However, you will still need to contribute from your income and any other capital during this time.

If the property is sold before the 12 weeks are up, the disregard ends on the date of sale and the proceeds are then included as capital in the financial assessment. If you think you might qualify for this disregard, you should inform the local authority before becoming a permanent resident to ensure a smooth process.

Comparing Methods for Covering Care Home Costs

Method Pros Cons
Selling Your Home Releases equity immediately; provides substantial funds; no accumulating debt. Loss of asset; emotional distress; market fluctuations affect value; could leave no inheritance.
Deferred Payment Agreement (DPA) Allows delaying sale until a later date or death; avoids immediate disruption; property value may rise. Loan accrues interest and administrative costs; house used as security; debt must be repaid eventually.
Renting Out Your Home Provides regular rental income to cover fees; property remains an asset; potential long-term investment. Taxable income affects benefits; landlord responsibilities; risks of tenants and property damage.
Equity Release Accesses funds without selling; no debt repayments until moving or death; can be combined with rental income. Accruing interest reduces equity; high costs; must be over 55; reduces inheritance.

Deferred Payment Agreements (DPAs)

A Deferred Payment Agreement is a voluntary scheme offered by councils that is a valuable alternative to a swift property sale. If you are eligible, the local council will pay an agreed amount towards your care home fees on your behalf. This amount then builds up as a debt secured against your property. The debt, plus interest and any admin fees, is only repaid when your property is eventually sold, or from your estate after your death.

To be eligible for a DPA in England, you typically must have savings and capital below £23,250 (excluding the value of your home), own your property, and have been assessed as needing permanent residential care. DPAs provide immense peace of mind for families, ensuring no one is forced into a rushed, distressed property sale.

The 'Deliberate Deprivation of Assets' Rule

Thinking of giving your home away to family to avoid care fees? Be extremely cautious. The local authority has rules against 'deliberate deprivation of assets', where you intentionally reduce your assets to reduce or avoid care costs. If they suspect this, they can assess you as if you still owned the asset, leaving you liable for fees you no longer have the means to pay. A financial assessment will consider whether you could reasonably have foreseen the need for care at the time of the asset transfer. This can have severe and unintended consequences, so it is crucial to seek independent financial and legal advice.

NHS Continuing Healthcare Funding

If your primary needs are health-related, rather than social care, you may be eligible for NHS Continuing Healthcare (CHC). This funding is not means-tested, and if you qualify, the NHS will cover the full cost of your care, including accommodation. Eligibility is based on a thorough assessment of your health needs. If you believe your or a loved one's needs are primarily for healthcare, requesting a CHC assessment should be a priority.

Conclusion: Navigating Care Fees and Your Property

The question of whether you have to sell your house to pay for care in the UK is complex, with the answer depending heavily on your individual circumstances. No one can force you to sell your home, and there are several options available to mitigate the financial burden. The first step is always to contact your local council for a full care needs and financial assessment. Consider the alternatives to selling, such as a Deferred Payment Agreement, and always seek independent financial advice to make the best decision for your long-term financial security. Understanding the rules is the most powerful tool you have in this process. For more information, please consult official government sources, such as the Age UK guidance on care home fees.

Frequently Asked Questions

Your local council may pay some or all of your fees, but only after conducting a financial assessment (means test) to determine your eligibility. If your capital is above the upper limit (£23,250 in England), you will likely be expected to pay the full costs yourself.

This is a temporary measure where the value of your main or only home is not included in the financial assessment for the first 12 weeks of your permanent stay in a care home. It gives you time to decide how to pay for your ongoing care.

No, you cannot be physically forced to sell your home. However, if your property's value is included in the financial assessment and you exceed the capital limit, you may need to sell to fund your care, unless an alternative like a Deferred Payment Agreement is in place.

A DPA is a loan from the council that uses your home as security. The council pays an agreed part of your care home fees, and the debt is repaid from your estate when the property is eventually sold, typically after your death.

Yes. Your home's value is disregarded if a spouse, civil partner, or other qualifying dependent (such as a relative over 60 or a dependent child) continues to live there.

Deprivation of assets is when you deliberately give away or dispose of capital, such as your property, to avoid or reduce your care costs. The council can investigate and may still count the asset as if you still owned it.

If you have complex, ongoing health needs, you should ask for a full NHS Continuing Healthcare assessment. Eligibility is based on your health needs, not your financial situation, and if you qualify, all your care costs will be covered.

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.