phone 0800 011 3200
open 7 days: 8am to 10pm
chat service

Deprivation of capital

Deprivation of capital

Overview

If you are going to live in a care home and intentionally deprive yourself of a capital asset so that you pay less of your care home fees, the council may assess that asset as still being yours. This is known as notional capital.

If you are assessed as having capital you don't actually possess, you will be charged accordingly. The outcome of this may be that the council decides not to fund your care home fees.

The council can't refuse to provide someone with the care they need because they have notional capital. They have a statutory duty to meet the care needs that the person is assessed as requiring.

However they will assess the charge payable using your notional income and will try to recover the charge from you or seek to transfer the liability for the charges.

Read more about notional capital in Regulation 25 of the National Assistance (Assessment of Resources) Regulations 1992.

Further information

The payment of care home fees is a complex subject and depends on many things which are unique to you.

If you want detailed information or personal advice, ask an experienced independent adviser like:

Silver Line Scotland - phone 0800 4 70 80 90, 24 hours a day, every day of the year
Citizens Advice Scotland - phone 0808 800 9060, 9am to 8pm Monday to Friday, or 10am to 2pm on a Saturday
Age Scotland - its fact sheets have information on paying for care homes

The information was last updated on: 10th February 2016

Feedback

How could we improve this website or this page? Please tell us your thoughts.

Find my council

Most care services are coordinated through regional councils and...further text to explain the importance of council and care serve provision/funding.

Feedback

How could we improve this website or page? Please tell us your thoughts.

Find my council

You can contact your local council's social care department for a free assessment. Find their details here.

Scottish Government Scottish NHS