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Care Fees

Deprivation of Assets and Care Fees: What Actually Counts

There is no 7-year rule for care fees. What decides a case is why you gave the money away, and whether care was already on the horizon.

7 min read · Written by the Fairchild Oldfield team · Last reviewed: August 2026

No time limit
Unlike inheritance tax, there is no fixed look-back period for care fees. A council can review a gift made many years ago if it decides care was foreseeable at the time.
Care and Support Statutory Guidance, Annex E, gov.uk, as at August 2026, subject to change.

Deprivation of assets and care fees is the rule that stops people giving away money or property to reduce what they pay towards care. There is no 7-year rule for care, and the calendar does not decide a case. Intention and foreseeability do.

What is deprivation of assets for care fees?

Deprivation of assets for care fees is when someone deliberately reduces their money or property so it is not counted in the council's means test for care. If a council decides a gift or transfer was done mainly to avoid care charges, it can assess the person as if they still owned the asset. This is set out in the Care Act 2014 and its statutory guidance.

The means test decides how much a person pays towards care. In England, someone with assessable capital over £23,250 pays their care fees in full, and below £14,250 their capital is ignored (gov.uk, as at August 2026, subject to change).

The council must separate ordinary spending and gifting from disposals aimed at the means test. Our guide to how a home and savings are treated in care funding explains the wider test.

Is there a 7-year rule for care home fees?

No. There is no 7-year rule for care home fees. The 7-year rule belongs to inheritance tax, where a gift can fall out of your estate after seven years. For care, a council can look back with no fixed limit, so a transfer made a decade ago can still be treated as deprivation if care was foreseeable when you made it.

Families often gift the house, wait seven years, and assume it is safe from care fees. For inheritance tax that logic can hold; for care fees it does not.

QuestionInheritance tax 7-year ruleCare fees deprivation rule
Is there a time limit?Yes. Gifts usually leave your estate after 7 yearsNo fixed limit. Councils can look back as far as they judge relevant
What is tested?The date of the gift and the value givenYour intention and whether care was foreseeable at the time
Who applies it?HMRC, after deathThe local council, during a means test in your lifetime
Does taper help?Yes, taper relief can reduce tax on gifts made 3 to 7 years before deathNo. There is no taper and no clock that clears a gift

Sources: inheritance tax gifts and the 7-year rule, gov.uk; care deprivation, Care and Support Statutory Guidance Annex E. As at August 2026, subject to change. See our note on how inheritance tax taper relief works.

How does a council decide it was deliberate deprivation?

A council cannot treat every gift as deprivation. Under the Care and Support Statutory Guidance, it must show that avoiding care charges was a significant reason for the disposal, and that the person could reasonably have expected to need care and to contribute towards it when they acted. Timing, health and motive are weighed together.

The guidance points councils to three questions, and all three matter:

  1. Was avoiding care charges a significant motive? It need not be the only or main reason for the gift, but it must be a significant part of it. An ordinary birthday gift is not deprivation; signing over a house months before moving into care invites scrutiny.
  2. Could the person reasonably expect to need care? A fit, healthy person with no diagnosis who makes a gift is in a very different position from someone already frail or recently diagnosed. Foreseeability of a care need is central.
  3. Could they expect to contribute towards care costs? If their capital was above the £23,250 threshold, they could expect to pay, so giving assets away has a clearer link to reducing that liability.

The burden sits with the council to justify a deprivation finding, not with the family to disprove it. If it decides wrongly, you can complain and then escalate to the Local Government and Social Care Ombudsman.

What counts as deprivation of assets?

Deprivation can involve capital, property or income, not just cash gifts. Common triggers include large lump-sum gifts, transferring a home to a relative, selling assets for less than they are worth, moving money into a trust, and sudden extravagant spending. Converting savings into an asset the means test ignores can also count.

ActionWhy it may be flagged
Large cash gift to familyReduces assessable capital, especially near the £23,250 threshold
Transferring the home to childrenRemoves the most valuable asset from the means test
Selling assets below market valueThe shortfall can be treated as a gift of the difference
Putting assets into a trustSeen as sheltering capital if care was foreseeable
Sudden lavish spending or gamblingA spending pattern out of character can look deliberate
Buying an asset the test ignoresConverting cash to a disregarded item to shrink capital

Examples drawn from Care and Support Statutory Guidance, Annex E, gov.uk, as at August 2026, subject to change. See how trusts are used in estate planning.

What happens if the council decides you deprived yourself of assets?

If a council finds deliberate deprivation, it can apply notional capital, meaning it assesses you as though you still held the asset. You may then pay as a self-funder despite no longer owning it. In some cases the council can also pursue the person who received the asset for the unpaid fees under section 70 of the Care Act 2014.

Notional capital is not fixed forever. The diminishing notional capital rule reduces the assumed amount over time by what you are charged, so the effect can taper as fees mount (Care and Support Statutory Guidance, gov.uk, as at August 2026, subject to change).

Section 70 lets a council pursue the person given the asset for unpaid care costs, broadly where the transfer happened within six months before local authority support began, or after it started. The debt can be enforced through the County Court, so a gift can rebound onto the family member who accepted it.

What gifts and transfers are usually allowed?

Gifting is not banned. What matters is that a gift is reasonable for your circumstances and not aimed at the means test when care is on the horizon. Modest, regular gifts, helping a child with a deposit, or long-planned inheritance tax gifts made while you are fit and healthy are far less likely to be challenged.

  1. Give while fit and healthy. Gifts made with no diagnosis and no reasonable expectation of care are the hardest for a council to treat as deprivation.
  2. Keep the reason clear and recorded. A deposit for a first home, a wedding, or steady annual gifting shows a purpose other than avoiding care charges.
  3. Stay affordable. Retain enough income and capital to meet your own needs, so the gift does not look like stripping assets before care.
  4. Mind the tax side too. The inheritance tax annual exemption is £3,000 a year, with the 7-year rule for larger gifts, a separate test from care that still matters to your estate.

Because the two systems pull in different directions, families often plan wills, gifting and a lasting power of attorney together, as part of wider estate planning, rather than reacting once care is close.

Frequently asked questions

Can I give money away to avoid care home fees?

You can make genuine gifts, but not with the aim of reducing care fees when care is foreseeable. If a council decides avoiding charges was a significant motive and you could reasonably expect to need care, it may treat the money as if you still had it. Gifts made while fit and healthy, for clear reasons, are far less likely to be challenged.

How far back can a council look at deprivation of assets?

There is no fixed limit. Unlike the inheritance tax 7-year rule, a council can review transfers made many years ago. What matters is whether care was foreseeable and whether avoiding charges was a significant reason at the time, not how long ago the gift was made (Care and Support Statutory Guidance, gov.uk, as at August 2026, subject to change).

Does putting my house in a trust keep it out of the care means test?

Not reliably. If the home is placed in trust when care is already foreseeable, a council can treat it as deliberate deprivation and assess you as though you still owned it. Trusts have valid estate planning uses, but using one mainly to shelter a home from care fees is a common and risky misstep.

Can the council recover a gift from the person I gave it to?

In some cases, yes. Under section 70 of the Care Act 2014, a council can pursue the recipient for unpaid care costs where the transfer happened within about six months before local authority support began, or after it started. The debt can be enforced through the County Court, so a gift can rebound onto the recipient.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, financial or care advice.

Important: This article is general information only and is not legal, financial or care-funding advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at August 2026 and are subject to change. Deprivation decisions turn on individual circumstances, and many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, or a specialist care-fees adviser, before gifting or transferring assets. You can see how we work on our pricing page.

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