denotes premium content | Dec 3 2008 Elderly Client Adviser archive
Volume 7 Issue 2
Happy New Year and welcome to the latest issue of ECA.
Firstly, I would like to introduce myself as the new Editor of ECA. Nick Hussey will continue as publisher, while I will manage the content, direction and focus of the publication.
In this issue we feature an examination of the current situation regarding single premium investment bonds, which, as Emma Chamberlain says, “could provide an opportunity to have your cake and eat it”. Caroline Bielanska examines fairer charging policies for non-residential care and David Coldrick continues his series of articles by looking at the Single Assessment Process that must be implemented by NHS and local authorities this April.
Also in this issue, Professor Jeremy Cooper examines the new care home regulations and standards, Ralph Ray follows up his article in the previous issue by looking at two aspects of gifting the home in lifetime, and Alan Robinson begins a series of three articles on capital and means tested benefits.
I hope you will find these articles, along with your regular news update and the summary of recent case law useful. Please contact me at cpoynton@ark-group.com if you would like to comment on any aspect of the journal or submit a feature for publication.
Caroline Poynton
Editor
Features
Capital and means tested benefits – a three part analysis
In a series of three articles to be published in ECA over the coming months, Alan Robinson, of Legal and Welfare Rights Training discusses the effect of capital on entitlement to income based benefits.
Enforcing the new care home regulations and standards
This year, care homes across England and Wales will face a new regulatory framework brought under the Care Standards Act 2000. Professor Jeremy Cooper, a chief training consultant on health and social care examines the implications of the directives on the registration, inspection and regulation of standards in care homes.
Fairer charging policies for non- residential care services
The Department of Health have finally issued their guidance to local authorities on charging policies for home care and other non- residential social services.[1] Caroline Bielanska, a solicitor, lecturer and freelance consultant explores the confusing content of the guidance and its impact on the older client.
Gifting the home in lifetime - two aspects analysed
In the last issue of Elderly Client Adviser (November/December 2001), Ralph Ray, solicitor and consultant with Wilsons of Salisbury, discussed some recent IHT case law in relation to gifting the home (or a share in it) on death. In this edition, Ralph returns to analyse two important aspects of lifetime gifting and the home.
Having your cake and eating it - investment products and IHT planning
There are a number of insurance products currently in the marketplace that centre around the idea of the investor giving away a cash sum but continuing to benefit from the funds, allegedly without inheritance or other tax problems. Emma Chamberlain, a barrister at 5 Stone Buildings, considers some of the options available. In particular, Emma discusses the inheritance tax schemes involving non-qualifying life assurance policies - typically the single premium investment bond.
The ‘Single Assessment Process’
National Service Framework for Older People: HSC 2001/007: LAC (2001)12.
The NHS and local authorities must implement the single assessment process by April 2002, a process which practioners must become familiar with over the next few months. David Coldrick, of Wrigley’s Solicitors continues his Health Care Guidance for Older Clients with an examination of the new process, explaining the implications of the changes and what will be needed to manage the transition.
