Editor’s foreword

I was not as surprised as the bosses of our oil companies when the pre-Budget statement was announced on 5 December 2005. They received an eye-watering £2bn hammer blow from a clearly cash-strapped chancellor. But the loss of more scope for tax planning using the reverter to settlor situation, and the prospect of farmers being stung for some sort of planning permission tax as they struggle to make ends meet (not all of them as rich as ‘ten combines’ Brian Aldrige on ‘The Archers’), was still pretty unexpected.

At least there was no repeat of the dreadful pre-owned assets rules fiasco this time. Does anyone actually understand it enough to know they need to pay it?

The chancellor has mastered the art of surprise. But for how long will we have this pleasure? A new client enthused to me about a lunch meeting she was set to have with the prime minister and his wife. I boasted back that I fully expected to be invited to tea with the next PM. Work that one out... I am polishing my halo already now that regime change is in the air. Well, we shall see. Actually I will simply pick the one who lets me retire earliest and richest. Again, work that one out...

There are concerns coming from Wales that the Registered Nursing Care Contribution is harder to get hold of, now that bands there are merged into one as a result of devolution. In England, the lower band is pretty much a default position for those in nursing homes in most areas. But not in the valleys it seems. Perhaps HRH might intervene?

I would draw readers’ particular attention to the issue of direct payments flagged up by Geoff King’s article. It is something we should all be more aware of. Peter Beckett’s article is also suddenly all the more topical as the pre-budget statement has given it the green light.

I would like to wish season’s greetings to all our readers, that is, when you finally get through that mound of ‘must reads’. Take my advice, try and remove the plastic coversheet first. It’s easier to open the pages that way.

David Coldrick
Editor
david.coldrick@wrigleys.co.uk

Features

Direct payments: An important part of financial planning for the elderly Free
Although direct payments are available to a wide range of qualifying adults, financial planner Geoff King considers this knotty issue with particular reference to direct payments for the elderly.

Is it ‘all reit’? UK real estate investment trusts Free
Peter Beckett takes ECA readers on a whistle-stop tour of a new form of investment, which may become available for individuals and trustees.

Part 15: Protecting the interests of older clients Free
David Coldrick, partner at Wrigleys Solicitors, continues this ECA course, with a detailed examination of the disregard relating to the resident’s business interests.

Responsibilities for continuing healthcare and social-care services Free
Mike Hurst considers the thorny issue of NHS and local-authority responsibilities for continuing healthcare and social-care services in personal-injury cases.

Taken the money? Open the box! Free
Is the disclosure of tax-avoidance schemes working to everyone’s satisfaction? David Earle, a researcher for the Tax Law Review Committee, reports.

Regulars

Case digest Free
All the latest from the law courts...

The search for beneficiaries… Free
Philippe Fraser of Fraser & Fraser describes a case where time limitations for will beneficiaries to claim was an unexpected problem