Care Home Fees – what is the position?

When a person takes up residence in a care home, their assets are utilised to fund such care, subject to exceptions. One of the exceptions operates to take the value of the family home away from consideration if it is occupied by a child over the age of 60 as his or her home.

In a recent case R v Worcestershire County Council (2014) the definition of ‘home’ was considered and essentially whether ‘home’ is the main residence of the child or whether the child can have more than one home.

In this case the child rented a small flat in London whilst also maintaining a bedroom, office and caravan at the family home.

It was held by the court, that for the purpose of the exception, ‘home’ meant ‘only or main home’, as opposed to a place where someone lived.