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Notional Capital and Deprivation

Philip Laidlow, Associate Solicitor, Eversheds

1 July 1996

Philip Laidlow, Associate Solicitor - Eversheds

Introduction

The deliberate disposal of assets to avoid or reduce personal liability for charges for accommodation is the obvious planning technique, and often the first thought, of those about to, or who may in the future, enter care. However, assets deliberately and purposively disposed of can be added back by the local authority on a notional basis in making the financial assessment. This is one of a number of remedies available to the local authority. It is probably the most important remedy, particularly as the application of some of the other local authority remedies (such as recovery from the donee, the use of bankruptcy procedures, and the potential use of non-bankruptcy insolvency remedies) either require the local authority to have gone some way down the application of the notional capital deprivation procedures and/or have a parallel purposive element. This article looks at "deprivation". Th...

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