Q&As

Could a claim for repayment of care fees be barred, eg. under the Limitation Act 1980 or otherwise?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 17/05/2016

The following Private Client Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Could a claim for repayment of care fees be barred, eg. under the Limitation Act 1980 or otherwise?

The liability to pay care fees is often a source of resentment, as the state expects most people to fund, or contribute to, the cost of their care. Local authorities are obliged to help with the funding where the person requiring care has limited capital. The threshold below which financial assistance is available is £23,250, with the requirement to pay a capital tariff of £1 per week for each £250 or part thereof between £14,250 and £23,250 of capital. Below £14,250 maximum assistance is available, though the dependant must still contribute their income less £23.90 per week. Property occupied by a partner is disregarded for the purpose of means testing, and 50% of a private pension is taken into account. 50% of all joint savings will be included.

However, since October 2007, the receipt of care due t

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