Deprivation of Assets Deprivation of assets is a term used when someone tries to avoid paying care home fees by giving away or selling their assets (like their house or savings) shortly before needing care. The local authority might investigate this if the suspect is trying to avoid paying which is a criminal offence. You are free to spend your income and assets as you wish, including making gifts to friends and family. However, you must pay your fair contribution towards care and support costs. If you give away your home, savings or other assets before going into a care home (or when you are already living in one), we will investigate the circumstances very closely.
• Public authorities (such as local council, NHS, local authority schools). These steps can be taken if you feel you have been directly or indirectly discriminated against:
1. Identify how you have been discriminated against. Seek specialist advice for guidance if required. 2. Complain informally about the discrimination directly with the relevant organisation. You could do this via email, letter or phone. Keep a clear record of any conversations, meetings and correspondence regarding this issue. If this isn’t resolved move onto next step 3. Make a formal complaint. Cross reference time limits with the complaint. Request a complaints procedure to follow. If there isn’t a complaints procedure, then complain in writing. If this still isn’t resolved move to step 4 4. Escalate your complaint to an independent organisation. If the independent complaints procedure does not resolve, move to step 5 5. Consider mediation, conciliation or arbitration. 6. You could consider legal action. This is often costly. If are on a low income you may be able to apply for legal aid to pay for specialist support. For employment tribunals there is a strict time limit of 3 months County Court – if you have been discriminated against by a service provider, you can use a county court. There is a 6-month deadline for this.
Depending on the circumstances, we will either:
• Assess you as still owning the assets • Make the person you gave or sold the asset to contribute towards your fees
Your local council may investigate to determine whether deprivation of assets has occurred. This can include Land Registry checks, credit searches and requesting copies of bank statements.
Below are some useful organisations to seek guidance and further advice from;
Discrimination
www.equalityadvisoryservice.com
The Equality Act 2010 www.legislation.gov.uk/ukpga/2010/15/contents offers protection against being treated unfairly because of:
The Equality Advisory and Support Service advises and assists individuals on issues relating to equality and human rights. Helpline: 0808 800 0082 (textphone 0808 800 0084 ) open Monday to Friday 9am to 8pm and Saturday 10am to 2pm. You can also email using a form on their website.
• Age • Disability • Gender reassignment • Marriage or civil partnership • Pregnancy • Race • Religion or belief • Sex • Sexual orientation
ACAS
www.acas.org.uk provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems. Helpline: 0300 123 1100 (text relay service 18001 0300 123 1100 ) open Monday to Friday 8am to
8pm and Saturday 9am to 1pm. You can also ask a question online.
These are known as “protected characteristics” and where someone is treated unfairly because of them, this is called “discrimination”. In some cases, the Equality Act 2010 can also protect Carers from being treated unfairly because of their association with the person they care for; this is called “discrimination by association”.
Civil Legal Advice
www.gov.uk/civil-legal-advice might be able to give free confidential advice on discrimination if you are eligible for legal aid.
The Equality Act 2010 covers you and the person you care for in relation to:
Disability Law Service
• Employment (such as applying for jobs or work place practices) • Education (such as school, colleges, universities) • Housing (such as buying and renting houses or flats) • Goods or services (such as shops, restaurants and public services etc..) • Travel and transport
www.dls.org.uk provides free legal advice and representation for disabled people, including those facing discrimination at work
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