Community and residential care

The elderly client's main preoccupation is likely to be whether or not they will have the finances in old age to keep them, whether in their own home or in a care home. For the wealthy client that may not be particularly troublesome but for the majority of older clients their concern centres on what care they can get or afford to get.

Note that this topic addresses only English law. Following devolution there are now significant differences between the English, Scottish and Welsh rules on many aspects of care provision and funding.

Guide to Care Act 2014 repeals

The Care Act 2014 (CA 2014) was probably the most important piece of legislation in the field of social care since the National Assistance Act 1948. It has wiped away a large number of pieces of legislation, both primary and secondary. Part 1 of the Act is in force but Part 2 is only partly in force.

For more information, see Practice Note: Guide to Care Act 2014 repeals.

Benefits and means testing

All clients are aware that their assets can be taken

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Private Client News

All in? Court confirms when a settlement is 'made' for the purposes of excluded property (Accuro Trust (Switzerland) SA v The Commissioners for HMRC)

Private Client analysis: This case considered the meaning of 'relevant property' under the settlements regime of the Inheritance Tax Act 1984 (IHTA 1984) and, in particular, the time at which this definition is to be tested. The question arose as to whether the trustees of an offshore trust established by a non-UK domiciled settlor were subject to the UK settlements regime in respect of property added to the trust after the settlor became deemed domiciled in the UK, or whether they were exempt from such charges as the trust consisted solely of excluded property. The First-tier Tribunal (FTT) held that whether trust property is excluded property is based on the status of the trust at the time that it was established, not at the time that the property in question was added to the settlement. As a result, the trust in this case did consist solely of excluded property and no inheritance tax (IHT) charges arose as a result of either the ten-year anniversary or capital distributions. The FTT was also asked to consider whether their jurisdiction was appellate, or supervisory only. The FTT held that, while their jurisdiction was supervisory, the questions raised by the trustees were relevant in establishing whether HMRC had acted reasonably and that the outcome (ie that the paid IHT should be refunded and that no further IHT was due) would be the same in either case. Written by Katherine Willmott, senior associate solicitor at Foot Anstey LLP.

View Private Client by content type :

Popular documents