Fair Deal Scheme and 'Joint Tenancy'

Crunchy Friends

Hi all,

I am currently in the process of completing the Fair Deal Scheme application form on behalf of my father in law.

We will also be applying for the Nursing Home Loan (Ancillary State Support). There is the family home which is Tenancy-In-Common, so this is fine, because if my FIL passes away the house will go to my mother in law or to his estate in the event my MIL passes first. However, the problem I am having now is my FIL is also co-owner of his family home originally owned by his parents, who left it to him and his sister under a 'Joint Tenancy' relationship. This means, if my FIL passes away, his share of the house automatically passes to his sister as the other owner, and will not pass to his estate. In the event his sister dies first (she is younger and in good health at the moment but life is unpredictable) the house would pass to my FIL.

I'm just confused as to how this house can be viewed as an asset of my FIL as he doesn't live there, nor collect any rent (his sister has lived there her whole life and his parents made him promise to ensure she always had the house to live in). He may never receive any tangible benefit from his co-ownership of the house. But based on my reading of the Fair Deal form, this house will be taken into account when they are calculating his assets and ultimately will mean he will pay increased nursing home fees.

If anyone has ever been in this situation and has any insights I would greatly appreciate it!

Thanks a million!

whippet

I'm not sure if there is any exceptions for a joint tenancy like that - however I would suggest calling the Nursing Support Office .. from experience they are very very helpful in explaining these things.

When I applied for my mam they really did talk me through it and through subsequent reviews. Initially my dad was living in the house but passed after mam went in to the nursing home. We never actually put the house in to the scheme through delays with getting appointed as a care representative (to allow us do it legally) and the fact that my mam's pension and savings covered the nursing home costs up to the cut off of 3 years.

I would suggest that in your case the house which is in joint tenancy will be deemed as an asset as he does own 50% of the value of the property and at any given stage it can be put up for sale etc.

Crunchy Friends

Thank you! As predicted, I rang the support office and they are being fairly black and white on it. If his name is on the deed, it's gotta go on the form. And they won't do any re-assessment on his death if his sister is still alive and his estate is not entitled to the house. The money owed will be the money owed. Let's just hope the backside doesn't drop out of the housing market so whenever the family home is sold it is enough to pay off the money owed from both houses!