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Funding Renovations to Home of Elderly Relative in Care - Page 2 - Carers UK Forum

Funding Renovations to Home of Elderly Relative in Care

All about money
Just reali8sed that the book I needed was on shelf above me (after reorganisation).
It's called "Community Care, Practice and the Law" by Michael Mandestam, 4th edition. On page 291/2 he deals with shared ownership. It details a case Chief Adjudication Officer v Palfrey, and another Ombudsman's case.
I suggest that you order a copy of the book from your local library.

My summary is as follows.
How much is half a house worth? Probably not a lot if someone else owns a substantial chunk. However, if you sell the house as a whole, then mum gets a half share, which would then have to be used on fees.
DO NOT SELL THE HOUSE!
Chief Adjudication Officer and Another v Palfrey ?

Coming right up :

Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell: CA 17 Feb 1995

March 15, 2017 dls Off Benefits,

References: Ind Summary 10-Apr-1995, Gazette 15-Mar-1995, Times 17-Feb-1995

Coram: Hobhouse LJ

Ratio : Property was acquired by joint owners to provide accommodation for both joint owners. That purpose would be defeated if one of those acquiring the property were to insist on a sale while that purpose was still subsisting. The value of a joint interest in a house when calculating benefits entitlement was the market value of that half share, not one half of the value of the whole. There was ‘nothing obscure or abstruse in the conclusion that the amount of capital which the applicant’s joint possession of that dwelling house represents may fall, for the time being, to be quantified in a nominal amount.’ In this case the value was nil.

Statutes: Trusts of Land and Appointment of Trustees Act 1996
Jurisdiction: England and Wales
This case is cited by:

Cited – Wilkinson v Chief Adjudication Officer CA (Bailii, [2000] EWCA Civ 88)

The claimant owned a half share in a property. It was said that this brought her disposable capital above the limit to make a claim. She had inherited it, but had transferred it to her brother in satisfaction of her mother’s wishes. . .


An away win ?

1995 ... I wonder if any subsequent judgements since then have reflected a different view.

( " Please ! No more digging ? " )
Sorry Chris, but these rules don't apply in the same way when someone goes into a home!!
Fair enough ... just providing the sp on said case quoted.

Back to that AGE UK factsheet ?

Although I have not read it , my monies on the answer being within it !

If Bad Gateway is running today , a nice little win double ?
Old topic, locked, usual reasons.