Hi all, I am not sure if this is the correct forum topic but I thought I would try to see if anyone has any ideas or could point me in the right direction..

Scenario:

Farm and 3 properties on farm - owned by 6 partners (been in family for at least 2 generations) All 6 partners equal shares and shown as such on deeds.

2 of the partners are aged 90 and 85 and require 24 hour live in care.

How will social services assess their assets in respect of the Financial Assessment????

I am aware of R(IS)26/95, and Dowell and McDonnell, but just wondered if anyone knew of any similar cases and could maybe help.

Thank you!

By "properties" I assume you mean "houses". So who lives in the houses?

Wed 30-May-07 08:47 AM by zoe

The farmhouse is occupied by the son, one of the proprties is occupied by the parents, and I think the other 2 are rented out, but I am not sure. It may be that they are occupied by the other parties in the partnership. Does this make a difference??

difficult, but reg 25 Assessment of resources regs (see CRAG) applies to charges for residential care and the treatment of property...effectively, the capital owned by someone (for charge assessment purposes)must be "realisable" in order to be counted as either notional or actual capital...so if the property or properties are owned in title by several people then it is arguable that the realisable sum from any interest in the property is "nil" on the basis that you can't (at least usually) sell a portion of a house without the agreement of all persons with an interest in it..

The rules on capital and domiciliary care charging are vague on the issue, but I would suggest the same principle applies.

However, the commercial rental income derived from the two properties rented out will probably affect assessed income in the financial assessment, if it can be shown that the properties create such an income to the benefit of the persons being assessed.