Can you give assets away so you do not self-fund?
This is where care fees planning has clear limits. Where a council decides someone deliberately reduced their assets to avoid or reduce care charges, it can treat them as still holding that money as notional capital and assess them accordingly (gov.uk, as at July 2026, subject to change). These deprivation of assets rules mean giving assets away specifically to sidestep self-funding can be challenged, and in some cases the person who received the gift can be pursued.
None of this makes ordinary planning wrong, but it does mean that deliberately giving away assets to avoid care fees is not a reliable route, and it is not something this guide sets out to encourage. Many people instead focus on understanding the rules, keeping records of genuine reasons for any gifts, and looking at how a will and wider plan fit together to limit the impact of care costs. Because the rules are strict and fact-sensitive, it can be worth discussing with a qualified professional, such as a solicitor or a specialist financial adviser, before acting. Our estate planning guide sets out the wider picture.
Self-funding in Scotland and Northern Ireland
The figures above apply to England. Scotland runs its own system, including free personal and nursing care for those assessed as needing it, alongside separate capital limits, so the point at which someone self-funds works differently. Wales and Northern Ireland each set their own charging rules and capital thresholds too. Because the numbers and the treatment of the home vary by nation, anyone with care needs in Scotland, Wales or Northern Ireland can check the rules that apply where they live, and it can be worth taking local advice.
Frequently asked questions
What does self-funding your care mean?
It means paying the full cost of your own care rather than the council paying it. In England this generally applies where your assessed capital is above the upper capital limit of £23,250, so you do not qualify for council help with the fees (gov.uk, as at July 2026, subject to change). You can arrange the care yourself or ask the council to help.
How much money do you need before you self-fund?
In England, capital above the upper capital limit of £23,250 generally means paying the full cost, while below the lower limit of £14,250 capital is left out of the assessment (gov.uk, as at July 2026, subject to change). Between the two, a tariff income is assumed on the capital in that band. Scotland, Wales and Northern Ireland set their own limits.
Can a self-funder still get a needs assessment?
Yes. Anyone can ask the council for a free needs assessment whatever their finances, and it looks at the care you need rather than what you can pay (nhs.uk, as at July 2026, subject to change). Self-funders can also ask the council to arrange care on their behalf, though not every council offers this and it may then invoice for the cost.
Can you still claim benefits if you self-fund?
Often, yes. Attendance Allowance is not means-tested and can help with care needs for those over State Pension age, at a lower rate of £76.70 or a higher rate of £114.60 a week depending on need (gov.uk, as at July 2026, subject to change). Where needs are mainly health-related, NHS Continuing Healthcare may fund care in full and is also not means-tested.
What happens when a self-funder's money runs low?
As capital approaches the upper capital limit of £23,250, many people contact the council, often around three months ahead, and ask for a financial reassessment (nhs.uk, as at July 2026, subject to change). Support generally starts from when you contact the council rather than being backdated. Our guide to when the money runs out explains what follows.
Does self-funding mean the council can never help with the home?
Not necessarily. Where the home is counted and would otherwise force a sale, one route many people consider is a deferred payment agreement, under which the council effectively lends against the home so fees can be paid without an immediate sale, with the debt repaid later and interest and charges that may apply (nhs.uk, as at July 2026, subject to change). It can be worth taking advice on whether it suits your circumstances.
About Fairchild Oldfield
The Fairchild Oldfield team brings together estate planning, tax, independent financial advice 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, tax or financial advice.
Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the rules for England, and Scotland, Wales and Northern Ireland differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider an individual's own circumstances.