
Legal Checklist for Arranging Elder Care (UK)
Introduction When an elderly loved one needs extra help, families often face a critical choice: should we opt for live-in
Paying for care for an elderly loved one can be a major concern for families. In the UK, elder care (whether at home or in a care home) is means-tested and can be expensive if you’re funding it privately. However, there are several funding options and benefits that can help mitigate costs. Understanding what help is available – and how to apply for it – is crucial. This guide breaks down the key funding sources and government assistance for elder care, including local authority funding, NHS support, and benefits like Attendance Allowance and Carer’s Allowance.
Local councils are a primary source of help with social care costs. The system works like this:
This brings in the Means Test (Financial Assessment). The council will assess the savings and assets of the person needing care:
For example, say your elderly father needs home care visits and has £15,000 in savings and a modest pension. He’d fall under the threshold, so the council would likely cover a portion of the care cost, leaving him to pay what he can from his pension. On the other hand, if he has £30,000 savings, he’s above the limit – he’d be expected to pay for his care until his savings spend down to that threshold.
It’s important to get the Needs Assessment regardless of finances. Even if currently above the threshold, the council can still provide advice, and if assets decline or needs increase, having that assessment done helps. Also, the council might arrange care for you (with you reimbursing them) if you prefer not to handle hiring carers privately. If eligible for council funding, you might be offered services directly (council arranges carers, etc.) or a Direct Payment – a cash budget you can use to arrange care yourself.
One of the few ways to get care costs fully covered is through NHS Continuing Healthcare, a scheme for people with very high health care needs. This is not means-tested (income and assets don’t matter) – it’s based purely on health needs. If someone is found to have a “primary health need” (for example, complex medical conditions requiring regular nursing), the NHS will pay for all their care, whether at home or in a care home .
To get CHC, typically:
It’s important to get the Needs Assessment regardless of finances. Even if currently above the threshold, the council can still provide advice, and if assets decline or needs increase, having that assessment done helps. Also, the council might arrange care for you (with you reimbursing them) if you prefer not to handle hiring carers privately. If eligible for council funding, you might be offered services directly (council arranges carers, etc.) or a Direct Payment – a cash budget you can use to arrange care yourself.
There is also NHS-funded Nursing Care: if someone is in a care home and needs a registered nurse, the NHS will pay a fixed contribution for the nursing element of their care (around £209/week in England) – this doesn’t cover all costs, just nursing.
Attendance Allowance (AA) is a benefit for people over State Pension age who need help due to a long-term disability or health condition. It’s not means-tested – income and savings do not matter, and it’s tax-free. It is intended to help with the extra costs of care.
Key points about Attendance Allowance:
Importantly, Attendance Allowance isn’t directly for paying a carer – the money goes to the elderly person to use as they wish (many do use it to pay for a carer or to pay a family member’s expenses, etc.). If your loved one is self-funding care, this £68–£101/week can help offset that. If the council is funding care, AA usually isn’t payable (people on council-funded care homes can’t get AA).
If you (or another family member) are providing a lot of care unpaid, you should see if you qualify for Carer’s Allowance. Carer’s Allowance is £76.75 per week (rising to £81.90 from April 2024) paid to the carer, but it has conditions:
Many retired carers can’t get the payment due to the State Pension overlap (since State Pension is considered an “overlapping benefit”). However, even if you can’t be paid Carer’s Allowance because of your pension, it’s still worth applying – it can award an “Underlying Entitlement” that can increase other benefits like Pension Credit via a Carer Premium .
Carer’s Allowance is not a lot of money (and is basically a token recognition, given the hours carers put in), but if you qualify, it’s help towards your living costs. Note: claiming Carer’s Allowance can affect the benefits of the person you care for (if they get severe disability premium in Pension Credit or similar, that premium is lost if someone claims Carer’s Allowance for looking after them). So get advice on this interaction if relevant.
Beyond the big ones above, be aware of:
If your family will be paying privately (fully or partly), it’s wise to plan how assets will be used:
The care funding system is complex. Don’t hesitate to ask social workers, the council finance team, or advice charities for explanations. When dealing with the council:
Also, look at entitledto.co.uk or Turn2Us benefits calculators to double-check you’re not missing any benefit entitlement for either the elder or the carer.
For more details on specific benefits, see Age UK’s excellent free guides (e.g. their Factsheet 34 on Attendance Allowance and Factsheet 10 on Paying for Permanent Care). Carers UK and Citizen’s Advice also provide advice lines you can call for help navigating the system.
Lastly, if managing care and its costs is becoming too complex for your family, consider consulting an independent care fees adviser or solicitor who specializes in elder law. They can advise on funding strategies, preserving assets legally, and the best course of action for your loved one’s circumstances.
Call to Action: If you’re arranging home care and unsure how to afford it, Prime Eldercare can guide you through this process. We offer a free consultation to discuss your care needs and can point you toward potential funding sources. Our goal is to help families find quality care that’s financially sustainable. Don’t hesitate to reach out – peace of mind about care costs is possible with the right information and planning.

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