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Care Fees

Philip Laidlow continues his series of articles examining various aspects of this current hot potato

1 May 1996

Philip Laidlow continues his series of articles examining various aspects of this current `hot potato'

This article records one or two recent developments and then goes on to look at where insurance sits in the financial contribution regime.

Re: Palfrey

Amending regulations to counteract that part of the judgment Re: Palfrey which confirmed that a landlord's interest in a tenanted property is a reversion, have been introduced, as recorded in an Editorial note to the last issue. Such an interest is, therefore, no longer a disregard. While tenanting the property will therefore no longer be a complete means of sheltering the value of the house on entry into care, it may still provide a partial answer if there is no other solution. It is hard see that the actual granting of a tenancy is deprivation as such. The asset - the freehold - has not been disposed of; there has simply been a carving out of a different interest from it. Even should the d...

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