Deprivation of capital

Overview What counts as capital? What counts as deprivation? How does the council decide? Are there any time limits on deprivation of capital? Can someone receiving the capital be held liable for the fees? Challenging council decisions Seeking independent advice Further information

Can someone receiving the capital be held liable for the fees?

Yes, if they received it within 6 months of you permanently entering a care home.

Section 21 of the Health and Social Security Act 1983 allows the council to transfer some of the liability for the care home fees to the person who received the asset but only if the admission to care was within 6 months of the disposal.

If the admission to care was more than 6 months after the transfer, the council can still treat you as being in possession of notional capital, but the council cannot treat the person who received the asset as liable.