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PAYING FOR CARE - St James's Place

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<strong>PAYING</strong> <strong>FOR</strong> <strong>CARE</strong><br />

Helping you to make the right choices<br />

PARTNERS IN MANAGING YOUR WEALTH<br />

1


Few of us will make major financial decisions without consulting an<br />

experienced and professionally qualified adviser. For example, when<br />

arranging a mortgage or planning for retirement most of us will have taken<br />

the advice of an expert.<br />

It’s amazing to consider that when it comes to paying for care there is so<br />

little help and advice available; and yet for many families this will be one of<br />

the most expensive commitments they make.<br />

At <strong>St</strong>. James’s <strong>Place</strong> our Partners are selected for their professionalism,<br />

knowledge and experience in advising families about their choices when it<br />

comes to paying for care. This guide can help you to understand a little more<br />

about paying for care, but it cannot replace the advice of our Partners.<br />

2


Introduction<br />

Entering care or choosing care for an elderly relative is not something most<br />

of us have very much experience in; indeed for most of us it is something<br />

we will only do once. Your thoughts will inevitably be to make certain that<br />

the right care is provided in the best setting, but you will also be aware that<br />

the cost of care is an important factor.<br />

Over the years care fees can quickly mount up and often this can have a<br />

depleting effect on available funds. It would not be the choice of most<br />

families for an individual’s entire wealth to be spent on care fees, if this<br />

could be avoided. Indeed, the worst time to find out that you had choices<br />

about paying for care is when the money has run out!<br />

Choosing a care home<br />

There are many factors to take into account when choosing the right<br />

setting for care. A search on the Care Quality Commission website will<br />

quickly reveal that there is often a bewildering choice of care homes in a<br />

small radius of where you live.<br />

If you need help in understanding the different care providers and what<br />

they have to offer, we can introduce you to an organisation who can help.<br />

They are experts in helping families find the right care. They will gain an<br />

understanding of your care needs and personal preferences and help you to<br />

narrow your search accordingly.<br />

Types of care<br />

There are two types of residential care homes, those with and those without<br />

nursing. Care homes are suitable for those who need help with daily tasks,<br />

and nursing homes are for those who also require medical attention.<br />

For those with less acute needs, it may be possible to receive care at home.<br />

This is known as ‘domiciliary care’.<br />

3


Care assessments<br />

An assessment of the individual’s care needs will be carried out to determine<br />

the level of care required. If medical care is needed an assessment as to<br />

whether you qualify for full funding by the NHS or for a contribution to<br />

the nursing care costs.<br />

Having assessed the medical needs, a financial assessment will be carried<br />

out to determine whether there is an entitlement to have your care partly<br />

or fully funded by the local authority. A care package will then be drawn<br />

up, recommending the most appropriate form of care and who will be<br />

responsible for meeting the cost of the care required.


Who pays for care?<br />

The financial assessment carried out by the local authority will determine<br />

who is responsible for paying for care. A questionnaire will need to be<br />

completed, detailing all of the capital and income available to you.<br />

It is important that you take advice so that you know that the financial<br />

assessment has been completed correctly.<br />

When assessing how much capital you have, certain assets are ignored. In<br />

particular, the value of your home is ignored if:<br />

• Your spouse still lives in the property<br />

• A relative over 60 resides there<br />

• A disabled relative lives there<br />

• A child under 18 lives there<br />

• You are in the first twelve weeks of needing permanent care (please see<br />

the twelve-week property disregard section later)<br />

• Care is being provided on a temporary basis.<br />

When considering the cost of care, it is important to note that the cost<br />

is normally expressed as an all-inclusive cost. Although it may sound<br />

expensive, it will include all food and drinks and bills like gas and electricity.<br />

So when you deduct the costs of daily living from the cost of care, you<br />

will have a clearer picture of the net cost. Once you deduct from this any<br />

pension or other regular income, including certain state benefits, you will<br />

then see whether there is enough regular income to meet the cost of care,<br />

or whether there is a shortfall to be funded.<br />

5


<strong>St</strong>ate benefits and financial assistance<br />

There are currently (2010/11) several state benefits and other sources of<br />

financial assistance that may be available to you.<br />

Attendance Allowance<br />

This is payable when the individual has a disability, which means that they<br />

require help caring for themselves. It is not means tested and is tax free. It<br />

is payable at two rates: the lower rate is £47.80 per week and the higher is<br />

£71.40 per week; this depends on the level of disability. This continues to<br />

be paid even if the recipient enters a care home. It is important that this is<br />

claimed and regularly assessed.<br />

Twelve-week property disregard<br />

Where there is a property and other assets of less than £23,250 (in England<br />

and Northern Ireland with different limits applying in Scotland and Wales)<br />

its value should be ignored for the first twelve weeks of entering care. The<br />

individual will, however, be expected to give up all of their income, less a<br />

personal expense allowance of £22.30 per week (in England and Northern<br />

Ireland – again, different allowances apply in Scotland and Wales) to pay<br />

towards the cost of care. If their income exceeds the local authority rate,<br />

they will receive no assistance. Also, if the care home rate exceeds the local<br />

authority contribution, they may be expected to make up the difference<br />

during the twelve weeks.<br />

Once the twelve weeks is over they will be expected to meet all the<br />

care costs less benefits.<br />

Deferred Payment Scheme<br />

Once the twelve-week property disregard period is over, the local authority<br />

may offer their Deferred Payment Scheme, whereby they will provide an<br />

interest-free loan to meet the care fees until a house is sold or resident dies<br />

if sooner. The local authority does not have to agree, but if it does, then it<br />

would place a charge on the property for the amount of the loan.<br />

The local authority is not allowed to charge interest on the loan during<br />

the resident’s lifetime, which does make the option worth considering.<br />

It can, however, result in a significant debt against the property over the<br />

longer term.<br />

6


Registered Nursing Care Contribution (RNCC)<br />

If you are entering a care home with nursing provision, you may be eligible<br />

for RNCC, which is a contribution towards the cost of providing nursing<br />

care. The RNCC is paid directly to the care home. It is important to check<br />

whether the cost quoted to you includes the RNCC contribution or not.<br />

Depending on the level of need, it is also possible that you may qualify for<br />

NHS fully funded care. This is decided by the local primary care trust and<br />

can be assessed at the same time as RNCC.<br />

Cost of care<br />

Laing & Buisson, the leading provider of market intelligence in the care<br />

sector, has researched the cost of residential and nursing home fees across<br />

the UK. The survey was conducted between April and June 2009 and was<br />

based upon over 2,100 of the 14,000 registered private and voluntary care<br />

homes for older people in the UK.<br />

The costs of care outlined below are based on forecasts relating to the<br />

period from 1 April 2009 to 21 March 2010.<br />

Region<br />

Average Nursing Care Fees<br />

£ per week<br />

England 715<br />

Northern Ireland 554<br />

Wales 611<br />

Scotland 614<br />

Region<br />

Average Residential Care Fees<br />

£ per week<br />

England 495<br />

Northern Ireland 453<br />

Wales 422<br />

Scotland 531<br />

7


Paying for care<br />

Using capital to meet care fees<br />

One option for meeting care fees is to place a lump sum on deposit and<br />

withdraw funds to meet the care fees. While this is a viable option for some,<br />

the main disadvantage is that, over time, the funds may become exhausted<br />

in meeting the fees.<br />

Once the capital has reduced to £23,250 (in England and Northern Ireland),<br />

the local authority will then undertake an assessment to possibly provide<br />

some financial assistance, but this will only be at the local authority rate.<br />

Furthermore, the resident will be expected to give up all but a small amount<br />

of income to meet these fees and if the income exceeds the local authority rate,<br />

there will be no financial assistance. Also, some care homes may no longer be<br />

prepared to keep the resident in their home if only the local authority rate is<br />

being paid, meaning that they may have to move to another home (perhaps<br />

to one run by the local authority). This can be a very distressing experience<br />

and it is sensible when choosing a home to ask what the home’s policy is if the<br />

money runs out and the home only receives the local authority rate.


Care fees plans<br />

These are a specific type of investment, designed to meet the costs of care<br />

where an income is provided in exchange for a lump sum. However, unlike<br />

other types of annuities, the returns are based on the age and health of<br />

the annuitant and they have many features and advantages specific to the<br />

care market.<br />

The main benefit of buying a care fees plan is that it will provide a guaranteed<br />

income for life, irrespective of how long you live. This means that even if you<br />

live longer than expected the income will continue; and you will therefore<br />

have set a limit on the amount you will have to spend on care fees. On the<br />

other hand, if you die earlier than expected then you will lose some of the<br />

money you have paid for the care fees plan.<br />

Many families are prepared to take the risk of a care fees plan because it<br />

gives long-term financial certainty and peace of mind. For a given lump sum<br />

investment you can protect the rest of the estate from the impact of care fees.<br />

For some families the risk of early death is more than offset by the advantage<br />

of financial certainty and peace of mind. It is a choice only you can make.<br />

There are other features and benefits of a care fees plan:<br />

Capital protection: This allows you to protect part of the cost of the<br />

care fees plan in the event of death in the early years. If, for example,<br />

50% capital protection is selected, then upon death 50% of the cost of<br />

the care fees plan will be paid to the estate, less the total monthly care<br />

fees already paid; if these payments exceed 50% then nothing is paid.<br />

Tax free income: Where the care fees plan is paid directly to the care<br />

provider, it is paid tax free.<br />

Indexation: You can choose to increase the level of a care fees plan<br />

each year by a set percentage, or in line with an index such as the Retail<br />

Prices Index. Some care providers may agree to cap the annual fees<br />

increase to the level of indexation you have built in to the care fees<br />

plan. It is worth discussing this possibility with the care provider before<br />

buying the care fees plan.<br />

9


Bed guarantee: Payments will continue to be made to the care<br />

provider in the event of entering hospital for treatment. This guarantees<br />

the care place in this situation.<br />

Deferred option: This reduces the cost of the care fees plan, as the<br />

income only commences after a deferred period, usually between one<br />

and five years.<br />

Flexible payment frequencies: This allows you to choose how often<br />

the income is paid and is often designed to fit in with the care provider’s<br />

requirements: for example, monthly, every 4 weeks or quarterly.<br />

Inheritance tax advantage: If the estate will be subject to<br />

inheritance tax, the amount of the investment required to buy the care<br />

fees plan is in effect reduced by the 40% tax, which would have been<br />

due, provided capital protection has not been selected.<br />

Investment bond<br />

An alternative to buying a care fees plan is the option to invest a lump sum<br />

to generate an income to meet the care fees. Investment bonds can be used<br />

for this purpose as they provide an easy-to-understand product with the<br />

ability to take regular tax-deferred withdrawals of up to 5% of the amount<br />

invested for up to 20 years. These withdrawals will be taxed when the<br />

bond is eventually brought to an end, but they provide an income during<br />

the 20 years without any immediate tax liability.<br />

As with all investments used to fund income, there is always the risk that<br />

the funds will be exhausted, especially if the level of income taken exceeds<br />

the growth in the investments. In addition, there is the risk that care costs<br />

could exceed 5% of the investment amount. This could result in you having<br />

to make up the difference from other resources, or that larger withdrawals<br />

need to be taken from the investment bond, which may be taxed.<br />

Unit trusts<br />

As an alternative to an investment bond, you may wish to consider<br />

unit trusts instead. Unit trusts have a wide range of funds available for<br />

investment and also have the benefit of paying income, with no additional<br />

liability to income tax for basic rate tax payers.<br />

10


Combination<br />

An alternative approach might be to combine two or more of the options<br />

listed above. A care fees plan could be purchased with a three-year deferred<br />

period, and the first three years’ care fees could be paid from capital.<br />

Another option would be to consider using a care fees plan for some of the<br />

fees and pay the balance from capital.<br />

Whatever method you choose, you should be presented with all the facts<br />

and choices in order that you can decide the right one for you. It is also<br />

important to understand the care provider’s attitude if the funds run out<br />

and the fees become payable by the local authority. Will they insist that the<br />

family makes up the difference? Will they accept the local authority rate or<br />

will they ask you to leave?<br />

Inheritance tax planning<br />

What to do with property<br />

If you have a property to sell in order to meet the cost of care, there are a<br />

few things to think about.<br />

Firstly, renting the property out might be a better option than selling it.<br />

The rental income could contribute to the care costs. One of the problems<br />

with rental income is that it is not guaranteed and once tax, management<br />

fees and repairs are factored in, the net return could be insufficient to meet<br />

the shortfall in care fees.<br />

You should also be aware that some buildings and contents insurance<br />

policies become invalid if a property is empty for a certain period, often<br />

31 days. Also, if the property is empty during the winter, you may need to<br />

take action to prevent the pipes freezing, such as draining the water system<br />

or leaving the heating on a very low setting.<br />

11


If you do wish to sell the property, we have links with two specialist<br />

property management and funding companies who can help. They can<br />

assist you with all matters associated with property sale and management<br />

and can also provide funds over the short term to help meet care costs until<br />

the property is sold.<br />

If you are unsure whether you want to sell the property immediately, we<br />

can arrange a loan secured on your property, which would enable you to<br />

purchase a care fees plan. The loan and interest due on the loan are repaid<br />

on death or earlier sale of the property.<br />

We can help you make the right choices in relation to property.


Other matters<br />

Looking after the financial affairs of another person<br />

If the management of the financial affairs of an individual requiring care is<br />

best given over to another person, then provided the individual is able to<br />

give his or her consent, the most effective way of achieving this is through<br />

a Lasting Powers of Attorney (known in Scotland as a Continuing Power<br />

of Attorney). This document allows the legal power to act on behalf of<br />

someone who is mentally or physically incapacitated. There are two types<br />

of Lasting Powers of Attorney: Property and Affairs and Personal Welfare.<br />

All Lasting Powers of Attorney must be registered with the Office of the<br />

Public Guardian before they can be used.<br />

Arranging a Lasting Power of Attorney is the only way to ensure that the<br />

individual’s affairs will be looked after by the people they would wish, when<br />

they are no longer able to do so. If no Lasting Power of Attorney is in place<br />

before they become mentally incapacitated, an application would need to<br />

be made to the Court of Protection for the appointment of a deputy to<br />

act on their behalf. This could be both time-consuming and expensive and<br />

their powers may be more limited than under a Lasting Power of Attorney.<br />

Making a Will *<br />

It is sensible to have a Will and to make sure that it is up to date and reflects<br />

your current circumstances and wishes. It is extremely unlikely that the<br />

laws of intestacy will distribute your estate in the way you would wish and<br />

dying without a will imposes burdens on the family which can be avoided.<br />

* Wills are not regulated by the Financial Services Authority. The writing of a Will<br />

involves a service that is separate and distinct to those offered by <strong>St</strong>. James’s <strong>Place</strong>.<br />

13


Case study<br />

Mr Dean contacted us after his 89-year-old mother was about to move<br />

into a care home. She was about to be discharged from hospital following<br />

a stroke and a fall and Mr Dean felt that she was too frail to live alone now.<br />

Mr Dean helped us to establish the following facts:<br />

Mrs Dean’s savings (mostly the proceeds from the sale of her house)<br />

totalled £270,000.<br />

She had a total net annual income of £14,124.<br />

The care home fees were £675 per week (£35,100 per annum).<br />

This left Mrs Dean with a shortfall of £20,296 – the amount between her<br />

income and fees.<br />

After assessing the facts and researching the options available Mr Dean<br />

decided to purchase a care fees plan at a cost of £89,000.<br />

While this is not refundable, the care fees plan guaranteed to pay Mrs Dean’s<br />

care fees every year for the rest of her life. The family was aware that they<br />

were in effect taking a financial gamble, but what was important to them was<br />

the financial certainty and peace of mind that the care fees plan gave them.<br />

The family also asked for our advice regarding investing the remaining<br />

£181,000.<br />

14


What you can expect from<br />

<strong>St</strong>. James’s <strong>Place</strong><br />

We will:<br />

• Explain the care system and help you understand more about paying<br />

for care<br />

• Explain the benefits system and help you to claim the right benefits<br />

• Advise you on the responsibilities of an Attorney<br />

• Verify that the local authority has carried out the correct<br />

financial assessment<br />

• Advise on the twelve-week property disregard<br />

• Advise in relation to nursing care and what to do if you feel that the NHS<br />

should be paying for your care<br />

• Advise in relation to the care contract, in particular helping you to<br />

understand what will happen should the money run out and also the<br />

implications of increases in care costs<br />

• Advise on options for paying for care including:<br />

oo<br />

oo<br />

oo<br />

oo<br />

Paying directly from capital<br />

Investing capital<br />

Care fees plans<br />

A combination of the above<br />

• Help you to increase your income net of tax<br />

• Protect age allowance (saving nearly £700 each year in tax)<br />

• Simplify administration of the estate (avoiding the need to complete a<br />

tax return each year, saving costs and keeping management simple)<br />

• Provide investment advice<br />

• Advise on inheritance tax planning.<br />

Some of the above may involve services that are separate and distinct to those offered<br />

by <strong>St</strong>. James’s <strong>Place</strong>.


Members of the <strong>St</strong>. James’s <strong>Place</strong> Wealth Management Group are authorised and regulated by the Financial Services Authority. The<br />

<strong>St</strong>. James’s <strong>Place</strong> Partnership and the title ‘Partner’ are the Marketing terms used to describe <strong>St</strong>. James’s <strong>Place</strong> representatives.<br />

<strong>St</strong>. James’s <strong>Place</strong> Wealth Management Group plc: Registered Office: <strong>St</strong>. James’s <strong>Place</strong> House, 1 Tetbury Road, Cirencester, Gloucestershire, GL7 1FP, United Kingdom<br />

Registered in England Number 2627518<br />

SJ 323<br />

SJP3393-VR1 (10/10)

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