Available resources

When considering using discretion to include deprivation in the financial means assessment, consider if the client has access to other resources to meet the personal contribution they would have to make as a result.

In general, we would not use discretion to count deprivation back into the financial means assessment if the client has no resources to meet their cost of care other than their exempt income or assets, or assets below the applicable threshold.

When deprivation is identified and the client or their partner (if any) is a beneficiary, they are required to ask the trust for assistance to pay for their care. In a family trust, it is assumed resources are available to the client. If a trust refuses to support the client or agrees to provide what looks like an unreasonable amount of support, it is important to find out why and consider whether this is reasonable or not.

Factors to consider include:

• position of trust (wealth, income etc)
• the number and needs of other beneficiaries
• terms of the trust deed
• historic patterns of support to client and other beneficiaries
• scale of deprivation
• reasons for trust or client's decision

Note when a client is a beneficiary of a trust they are expected to request support from the trust regardless of deprivation having occurred. For more information see: Client is a trust beneficiary

In some situations, we would not expect the client to ask the trust for support. For example, if the client has a negative relationship with a trustee.

For more information see:

If a client or their partner (if any) deprived themselves in a way that directly benefitted one or more of their family members it might be reasonable for the client to ask their family for assistance to pay for their care.

This will depend on the facts of each case including the circumstances of the client’s family and the facts of the deprivation. Family is not obligated to support the client so if the client refuses to ask for support, or the family refuses to provide support, this is not deprivation and no resources are considered available to the client.