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Care Fees Aspects of Re Palfrey

Philip Laidlow continues his series of articles examining various ways in which it is possible to protect assets from Local Authorities seeking care fees

1 March 1996

Care Fees
Aspect of Re: Palfrey

Philip Laidlow continues his series of articles examining various ways in which it is possible to protect assets from Local Authorities seeking care fees

This was a Court of Appeal decision dated 8th February 1995 reported on The Times of 17th February 1996, but to the best of my knowledge not otherwise reported. The decision was in the context of Income Support regulations but there are strong parallels with the National Assistance (Assessment of Resources) Regulations 1992 and the two issues dealt with are highly relevant to care fees planning.

Regulation 21(1) starts by stating the capital of a resident for assessment purposes to include the whole of his capital calculated as per the regulations. Sub-section (2) through goes away from that by specifying that any capital specified in Schedule 4 shall be disregarded. The fourth disregard in Schedule 4 is "any reversionary interest". It is put as simply...

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