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How to avoid nursing home taking your house in Australia?

5 min read

In Australia, the family home is often a person’s most valuable asset, but a move to residential aged care can create concerns about its fate. There are strategic financial and legal steps you can take to understand how to avoid a nursing home taking your house in Australia, allowing you to preserve your asset for your loved ones. This guide will explain the rules and your options.

Quick Summary

You are not legally forced to sell your home to pay for aged care in Australia, but the home’s value can be factored into a means assessment for fees, and there are strategic options to protect it. Explore the rules around exemptions, accommodation payments, and proactive asset planning to safeguard your property and financial position.

Key Points

  • No Forced Sale: In Australia, you are not legally required to sell your house to pay for residential aged care; the choice is yours.

  • Means Test Impact: The value of your home may be included in the aged care means assessment, but only up to a capped amount, unless a protected person lives there.

  • Daily vs. Lump Sum: You can choose to pay the accommodation costs as a Daily Accommodation Payment (DAP) instead of a lump sum (RAD), which avoids having to sell the house to free up capital.

  • Protected Person Exemption: If a 'protected person' (like your partner or a long-term carer) continues to live in the house, its value is completely exempt from the aged care means test.

  • Gifting Rules Apply: Gifting assets, including your property, is subject to Centrelink rules, and exceeding set limits can result in the gifted amount being counted as a 'deprived asset' for five years.

  • Professional Advice is Key: Due to the complexity, seeking expert advice from an aged care financial planner is the best way to develop a comprehensive strategy for protecting your assets.

  • Home Equity Options: Schemes like the Government's Home Equity Access Scheme can provide income to help cover aged care costs without having to sell the property.

In This Article

The Aged Care Means Assessment Explained

When a person moves into residential aged care in Australia, Services Australia conducts a 'means assessment' to determine the fees they will need to pay. This assessment considers both your income and assets, and the family home's status is a critical factor in this calculation. Understanding how the rules apply to your home is the first step in creating a protection strategy.

How Your Home Is Treated in the Means Test

For the purposes of the means assessment, the value of your former home is capped unless a 'protected person' continues to live there.

  • Home Exemption Cap: If no protected person lives in the home, its value is included in your assessable assets, but only up to a maximum 'home exemption cap'. As of late 2023, this cap was around $193,219, with the amount indexed and updated periodically. Any value above the cap is not included in the means assessment.
  • Protected Person Exemption: The home is completely exempt from the assets test if a protected person (such as your partner, a dependent child, or a long-term carer) continues to live there.

Strategic Options for Paying Accommodation Costs

One of the biggest concerns for many families is the Refundable Accommodation Deposit (RAD), which is the lump sum payment for the resident's room. You are never required to pay the RAD as a lump sum and can use alternative strategies to avoid selling the house.

The Daily Accommodation Payment (DAP)

Instead of paying the RAD upfront, you can choose to pay an equivalent daily rental-style payment known as the Daily Accommodation Payment (DAP). You can also choose a combination of a smaller RAD and a DAP. This option allows you to keep the capital tied up in the home, though it does mean ongoing payments are required.

Other Sources of Funds for Aged Care Costs

If you need to meet aged care costs without selling the house, consider using other assets first. Many people liquidate bank savings, investments, or use superannuation to cover costs before touching the family home.

Proactive Asset Protection Strategies

Long-term planning, often with the help of a financial planner or elder law specialist, is the most effective way to protect your assets.

Gifting Rules

For those considering gifting assets to family members, it is crucial to understand Centrelink's rules. There are limits on how much can be gifted without it being counted as a 'deprived asset' for the means test. Any gifts over $10,000 in a single financial year or $30,000 over five years will be assessed as a deprived asset for a period of five years from the date of the gift.

Legal Agreements and Trusts

Formal legal arrangements can offer protection, but they require expert advice to be effective and avoid unintended consequences. For example, a family agreement, where an older person exchanges property for care, needs to be a written, formal agreement to avoid being treated as an assessable gift by Services Australia. Transferring a property into a trust is another complex strategy that must be managed carefully, with a particular focus on whether it constitutes a gift.

Financial Support and Home Equity Options

There are government and financial products that can provide additional cash flow to help pay for care, reducing the need to sell the home.

Government Home Equity Access Scheme

This is a voluntary reverse equity mortgage offered by Services Australia that provides an income stream to supplement your retirement income. This can be a useful way to access the value of your home without selling it, but it does add debt against the property.

Comparing Home Retention Strategies

Strategy How It Works Pros Cons
Pay a DAP Pay the aged care accommodation costs as a daily fee, not a lump sum (RAD). Keeps the house's capital intact; maintains ownership. Ongoing payments required; total cost may be higher over time.
Rent the Home Lease out the former family home to generate income. Creates a steady income stream to help with aged care costs. Net rental income becomes assessable under the means test; tenancy management.
Reverse Mortgage Borrow against the value of your home as a loan. Provides immediate cash flow without selling; can be used for RAD or DAP. Adds debt to the house; can significantly reduce inheritance for heirs.
Use Other Assets Liquidate other assets like investments or savings. Preserves the family home; avoids taking on new debt. Reduces other wealth; may have tax implications; limited by available assets.

The Role of Professional Advice

Making decisions about your financial future and family home when faced with aged care is complex and emotional. Seeking expert advice is highly recommended to navigate the options effectively.

An aged care financial adviser can provide an independent assessment of your financial situation, project future costs, and model different payment strategies. They can explain how each option affects your pension, fees, and overall estate plan. For legal matters, an elder law solicitor can ensure any agreements or transfers are legally sound and protect your interests.

Conclusion: Your Home, Your Choice

In Australia, it is a myth that the nursing home automatically takes your house. While the value is considered in the aged care means test, there are multiple avenues to explore before selling. By understanding the means assessment, leveraging payment options like the DAP, considering home equity schemes, and seeking professional guidance, you can develop a robust strategy to protect your family home and achieve a positive outcome for your future care. For further information on financial services for seniors, visit the Services Australia website.

Final Checklist

To summarise the key actions, follow this checklist to plan for aged care and protect your home:

  1. Get a Means Assessment: Understand exactly how your home and other assets are assessed by Services Australia.
  2. Explore Payment Options: Choose between paying the RAD, DAP, or a combination that suits your financial situation.
  3. Investigate Home Exemption: Confirm if a 'protected person' will continue to reside in the home, exempting it from the assets test.
  4. Review Gifting Rules: If gifting, ensure you stay within Services Australia's limits to avoid penalisation.
  5. Seek Professional Advice: Engage an aged care financial adviser to build a bespoke strategy.
  6. Consider Home Equity Schemes: Look into options like the Government's Home Equity Access Scheme if cash flow is needed.
  7. Explore Alternatives to Residential Care: Investigate in-home care packages as a way to remain in your home longer.
  8. Formally Document Agreements: If involving family, create formal, written agreements to avoid Centrelink issues.

Frequently Asked Questions

The aged care means test is an assessment of your income and assets conducted by Services Australia to determine your contribution to aged care fees. If you enter care alone, your home is included as an asset, but only up to a capped value. However, if a 'protected person' lives in the home, it is not counted at all.

No, you cannot be forced to sell your house. The decision to sell is always yours. Many families use alternative strategies, such as paying a Daily Accommodation Payment (DAP) instead of the lump sum Refundable Accommodation Deposit (RAD), or using other assets to fund their care.

A 'protected person' is someone such as your partner, a dependent child, or a long-term carer who has been living in your home for a specified period. If a protected person continues to reside in the house after you move into residential care, the home is completely exempt from the aged care assets test.

Gifting assets, including your house, can impact your means test results for up to five years. Gifts over $10,000 in a financial year or $30,000 over five years are counted as 'deprived assets,' potentially increasing your aged care fees. It is crucial to get advice before gifting.

The RAD (Refundable Accommodation Deposit) is a lump sum payment for your room in a nursing home. The DAP (Daily Accommodation Payment) is an equivalent rental-style fee paid daily. You can choose to pay the full RAD, the full DAP, or a combination of both.

Yes, you can rent out your former family home. The net rental income will then be included in your aged care means assessment, which may affect your fees. It is important to weigh the benefits of the rental income against any potential increase in your means-tested care fee.

It is best to start planning as early as possible. Proactive planning allows you to explore and implement strategies such as gifting, setting up trusts, or researching financial products like annuities, which often have a five-year look-back period. Waiting until you need care limits your options.

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.