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Would this be seen as deprivation of assets?

27 replies

BloodyMiserable · 08/09/2020 20:44

I'm going through a horrible separation. My lovely mum has offered to give me some money but I am not sure if I can accept this without putting everyone in a situation.

My Dad has mid-stage dementia & is likely to need nursing home care in the nearish future. He is 83. Mum is nearly 78 with underlying health conditions.

I think it would be viewed as deprivation of assets if he needed nursing home care. I've heard about the 7-year rule & I'm sad to say that I don't think either of them will realistically still be alive in 7 years.

So whilst the money would be a lifeline for me, I don't feel I can accept?

Is that right?

OP posts:
PremierInn · 10/09/2020 18:33

@ruthieness

again the £3000 limit is to do with inheritance tax - nothing to do with care home fees
And for further clarity ... you can give away as much as you want (the previous poster seemed to suggest it was a £3000 limit) - there is no limit of £3000 a year. The £3000 is only for 'amounts that dont need to be declared if the person dies within 7 years (and tax relief is tapered)

Give away your whole estate if you want, noone can stop you and it's not illegal

But if you die within 7 years, the government will act as if you still owned it when you died and want their share of tax, if the estate is taxable (yes, gross simplification)

And if you gave it away mainly to avoid care home fees, that is deprivation of assets and the council might act as if you still had the money when assessing for care home fees. Its also illegal. I dont know if people are also prosecuted for it though?

ruthieness · 10/09/2020 19:24

it is not illegal unless you try to hide the money - it is just that you will be assesed as still having the money to pay for care and any gift can be reclaimed

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