Personal Pension  

Long-term care case ‘ripe for appeal’

Ms O’Nions, a financial adviser who has campaigned on medical insurance payouts, has just gained her law degree and been admitted to Middle Temple.

She said a judgement in the High Court which found that a woman had a right to expect her parents’ home not to be used for funding council care, was unlikely to be the “final” word.

Last week it was reported that theatre director Glen Walford had won the right for Worcestershire County Council to review its funding assessment, which had taken her mother’s home into consideration when ascertaining funding for her mother’s care home fees.

Article continues after advert

Ms Walford had argued that her grandmother had written it into trust for the home to be inherited by her on her mother’s death. The judge found that the council should revisit its funding assessment without including the family home.

But Ms O’Nions warned: “The case is ripe for appeal. The recent decision in Walford v Worcestershire County Council is somewhat confusing since the judgement implies there is a trust in place to the benefit of the daughter, yet the courts seemed to have ignored that fact in favour of the CRAG guidelines.”

The judgement may not help improve flexibility for equity release, however, as the old rules surrounding ownership and non-ownership but occupancy still stand.

PROVIDER

Nigel Barlow, spokesman for provider Partnership, said: “As far as we can see this case does not affect equity release lifetime mortgage cases. Anyone owning a share of the property is required to be party to the lifetime mortgage. If they are below the minimum age limit for the plan, we will not offer a lifetime mortgage on the property.”