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Bloomsburry Family law

Private client

YULE v South Lanarkshire Council (OH)

In February of this year, Scotlands highest Civil Court (the Court of Session in Edinburgh) in a case the first of its kind to be heard in Scotland (to the writers knowledge)decided that the home of an 81 year old woman gifted to her granddaughter 18 months before entering care remained an asset which should be included as notional capital for assessment purposes

Advising the Elderly and the Solicitors Indemnity Fund

All solicitors will be aware of the proposed new rules for calculating contributions to the Solicitors Indemnity Fund to cover the shortfall. The proposals as recommended by The Law Societys standards and guidance committee are summarised in the Law Societys Gazette of 16 February and 5 March 1998 but the full consultation document has now been issued. I have not had time to study this in detail so this article is based on the summaries in the Gazette.

The Social Security Bill 1998

The Social Security Bill attracted considerable attention on its passage through Parliament over the issue of cuts in benefits for lone parents, but the Bill is probably more significant for the changes being made to the way in which decisions are made in social security cases. The whole system of tribunals will be overhauled and fundamental changes made to the process of decision making in social security and other cases. The role of the Adjudication Officer (AO) will disappear and there will be a new system of reviewing decisions. Most of these changes are expected in 1999.

Attendance Allowance and Residential Care

In his article on benefits for disability published in the ECA earlier this year Alan Robinson referred to the regulations dealing with entitlement to attendance allowance for people living in residential care homes or nursing homes as impenetrable, and declined to state a firm view a to who is entitled and who is not, The purpose of this paper is to analyse those regulations in more detail, and to give the writer''s opinion as to the practical implications. Readers are referred to Alan Robinsons article for a statement as to the basic rules of entitlement to attendance allowance1.

Solicitors for the Elderly

Readers of the Elderly Client Adviser will have been aware over the last twelve months of the development of the Croup known as Solicitors for the Elderly. Throughout the period from its foundation the Group has met and has discussed critical issues affecting the older client. The concern of the Group has been the issue of the quality of legal services being offered to older people and the Groups principal aim has been to overcome this.

Ability to Leave?

In the first of a series of articles Camilla Parker, Solicitor and freelance consultant, examines the area of capacity, admission to hospital and treatment under the Mental Health Act 1983.

Tax Efficient Settlements and the 1975 Act

In the follow up her article on Deeds of Variation Sarah Lacey discusses the tax implications of post death variations under the Inheritance (Provision for the Family and Dependants) Act 1975. Sarah is a Chancery barrister practising at 3 Stone Buildings, Lincolns Inn.

Income Related Benefits

In this article Alan Robinson focuses on the income related benefits of crucial importance to the elderly client: income support, housing benefit and council tax benefit.