Paying for Care and Support

Deprivation of Assets

During the financial assessment process we finance team review a range of financial information in order to calculate how much someone needs to pay for their care.

A review could be instigated if bank statements show that large sums of money have been withdrawn or property has been sold or deeds transferred but no income has been received.

You will be invited in for a meeting with a financial assessment team member to provide more evidence as to what has happened to the money or asset/s. 

You will be asked to provide further information in relation to the following 3 principles which are used for proving deprivation of assets cases as per the Act section 11.4 and recognised by the Ombudsman:

1. Whether avoiding or reducing a charge was a significant motivation;
2. The timing of the disposal of the asset. At the point the capital was disposed of could the person have had a reasonable expectation of the need for care and support, even if at this point they were not yet receiving this; and
3. Would the person have had a reasonable expectation of needing to contribute towards the cost of this either now or at some future point?

Examples of additional evidence could include:

1. For capital assets, acceptable evidence of their disposal would be:
1. A trust deed;
2. Deed of gift;
3. Receipts for expenditure;
4. Proof debts have been repaid.
2. Letters from GP’s and medical records of the long term health needs of the person at the time the asset was disposed.
3. Evidence of where the person was living at the time of the asset disposal and if any care and support being received?
   
   

All additional information will be reviewed by the financial assessment team and each case will be considered on the merits of its specific circumstances.  The case will either be concluded following the review with no further action or in some cases we may proceed to an investigation under the Regulation of Investigatory Powers Act 2000.

 

Information gathered during the review will be considered against the 3 principles outlined above.  Legal colleagues will be consulted and you may be asked to attend another meeting to provide further information. 

Following the investigation a referral and recommendation will be made to the Asset Deprivation Panel.

 

The Asset Deprivation Panel consists of the Head of Adult Care (Chair), a representative from the Council’s legal department, from the financial assessment team and a Social Worker who has been involved in the case.  The Panel will review all evidence gathered from the investigation, the findings and the recommendations made.  The panel will conclude and there are 3 potential outcomes:

• No further action financial assessment completed with information available
• Additional information required
• The ‘lost’ asset will be considered as Notional Capital for financial assessment purposes. 
  
  

Care and Support (Charging and Assessment of Resources Regulations) 2014, Reg 17 (notional income), 22 (notional capital): “which the adult has deprived themselves for the purpose of decreasing the amount they may be liable to pay towards the cost of meeting their needs for care and support”

If the panel conclude that a person has deprived themselves of an actual resource so as to reduce the remaining value of their capital or income, then for the purposes of the person’s financial assessment they will be treated as notionally possessing the difference between the value of their current resources and the resources which they use to hold.

Where the person has transferred the asset to a third party (a transferee) to deliberately reduce or avoid a charge, the transferee is liable to pay the local authority the difference between what it would have collected and what it did collect as a consequent of the transfer. However, the transferee is not liable to pay anything which exceeds the benefit they have received as a result of the transfer.

If you are unable to pay the financially assessed contribution you have the right to appeal against the charge.  The outcome of the appeal will be decided by the Asset Deprivation Panel.  This could result in a repayment plan or an amendment to the charge.  Further information is available in our appeals and debt recovery factsheets.  

Please note that during the review and investigation no invoices will be raised because we will not be able to calculate the charge until the panel have reached their conclusion.  You will however be liable for your care costs from the date the placement started.

If you appeal against the charge you will receive invoices based on the original charge.   Once the appeal has been heard we will review the charge and any changes will be back dated to the start of the placement and you will receive a statement which will show any potential refund.

If you are unable to pay the invoices when your appeal is being heard you can discuss a repayment schedule for any balance owing after your appeal has been decided.

Pembrokeshire County Council Contact Centre - 01437 764551

• If your needs change and you think you need to be referred to Social Services.
• If your financial circumstances change and you want to notify us or if you have a query about the form or supporting documents.  Ask for the Social Services Financial Assessments Team.
• If you want to pay an invoice by phone.

Social Services Assessments Team - 01437 775611

• If your financial circumstances change and you want to notify us or if you have a query about the form or supporting documents

Social Services Debt Recovery Officer - 01437 776088

• If you want information on or to apply for a deferred payment.
• If you want to discuss outstanding debt.
• If you want to request a review of your assessed charge.