Reply To: Discretionary Trust


If this scenario is exactly that envisaged by the welfare system, the capital value would be disregarded by legislation. The fact that the value of an owned property is taken into account for HB and care fees suggests that this is not the expected norm.

I totally understand the ‘why’ and have every sympathy with those who have strived to own property only to have it taken away when they need care. And, as long as it fits within the law, I have no issue with the action they have taken. When so many people are denied help because they have a £200,000 capital asset, we just wanted to ensure that we are taking the correct action by allowing him full HB and wondered what others’ thoughts were, who may have more knowledge of these things. Thank you for your responses.