Today's newspapers report a freedom of information survey on existing care which is interesting. Some local authorities have only negotiated this charge over assets with a few - FT " But, according to 140 freedom of information replies to Royal London, the effectiveness of the scheme varies hugely from area to area. About 10 local authorities have not entered into a single such arrangement since the scheme was introduced in April 2015. "
Little: these are my guesses:-
"I imagine a fairly common scenario will be a couple living together and one accumulates large care bills, then dies, leaving ta partner/spouse. Surviving spouse decides to downsize/ move nearer the kids etc so sells up. Will the care bill become payable at that point? if so, how can the surviving partner move - because if they are retired they are unlikely to get a mortgage."
Under current rules I believe the charge the local authority has is paid back when you move so yes it is not and will contiue to be an issue if the surviving spouses choose to sell to move near children although it will not affect their half of the assets and they could instead pay the charge out of savings if they have any.
"Will the surviving spouse also be entitled to keep back £100,000 of their own to give to THEIR children - especially relevant if they had children from different relationships. So is it £100,000 each or £100,000 per couple?"
I would have thought so - I think it was Somerset Webb writing in yesterday's FT who said it is likely particularly as the Government has moved thankfully to separate taxation of individuals in recent years. Each spouse has their own capital gains tax allowance, IHT allowance etc.
"What happens when siblings etc buy a house together and one accumulates care costs? Will the surviving sibling lose everything they have put into the house?"
No, I believe it very likely each co-owner will have a £100k. The charge is over the deceased person's estate.
"Will it be better to own a house as tenants in common (where you separately own a portion of the house) rather than joint tenants (where you jointly own the whole thing?)"
Probably but as a smal number of people will be subject to this charge i would not take the decison about the charge on those grounds alone.
Eg my father moved to tenants in common as he feared our mother might leave the house after he died to a charity not us (she never would have done but that was his fear and the change certainly meant he covered himself against that risk.
"Will there be any difference between married and unmarried couples?"
I doubt it if each person who co-owns a house has the £100k band.