Fair Deal/Nursing Homes Fair Deal Claw back due to gifting/Inheritance in prior 5 years?

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Hi,
Relation: Mother In Law (Widowed)
Principal private residence: Sold
Cash assets: 200K (for purposes of calculation)


Mother in Law requested that she go into a nursing home but was rejected (Fair deal scheme) on not being in a situation where she is in need of it yet. She's too healthy and able to manage (but it was her wish at the time). She has now sold her house and rents local to us. (We know/knew that the sale of the house was not financially prudent but this was her wish as she did not wish to rent her family home.).

If we ignore the 36k (ish) cash exemption and assume a current cash asset of 200K. My MIL now wants to gift us 100k.
I understand that she will be assessed on the 200K at 7.5% (lets say 7% for the calculation) if she gives it to us in the prior 5years before her admission to care. (200K @7% =14K a year).
Within 7 years that 100k is depleted to 98K.

1.Any info on how the claw back of these monies would be handled during her 8th and subsequent years in care?

2.How is that 14K for year 8 paid. If we as her children are liable (which I would expect), are we then taxed on that 14K per year as a gift to her? Or can we claim tax back on that subsidy that we are paying. (I doubt its considered a subsidy from us by the HSE :) )

3.She's in relatively good health but we are trying to assess if we should accept the inheritance on the basis that she may not need care until after 6 years after gifting it to us? OR accept it and keep it for future payments if she does go into care within the 5years OR not accept it.

The above figures are just for simplicity but the same might apply if she gave the 100k to charity and was childless. I doubt the charity would be liable?

HSE helpline could not advise/inform.

Regards and Thanks
 
Might be a good idea to ask your mother if she would like you guys to build an extension to your house for her to live in. She can use some of her house sale money to pay for it and no need for her to rent then. If, a few years later on she wants to move to a nursing home she wouldn't have a big problem and everyone "should" be happy. Are you her only child? That may make a difference.
 
Might be a good idea to ask your mother if she would like you guys to build an extension to your house for her to live in. She can use some of her house sale money to pay for it and no need for her to rent then. If, a few years later on she wants to move to a nursing home she wouldn't have a big problem and everyone "should" be happy. Are you her only child? That may make a difference.
Thanks for the response!
She was living remote down the country and at 80 years old that was becoming problematic. She now rents 45 seconds from our front door which suits us all and her pension easily covers the rent. Our house is a terraced house, already extended with no room for further extention.

The ideal financial solution as far as i can see is to buy another house in the estate where we live (they do come up occasionally). The difference in what she sold for and what she would pay may just be about manageable. This, reallocation of her savings would only leave her liable for 7.5% of house value x 3 years max thus ruling out the remaining 77.5% of the house value.

This might be a hard sell to her and renting that house might feel more palatable to her when the time comes. That rental income would also be exempt from fair deal income calculation AFAIK and may even be exempt from income tax? (due to a recent government proposal to free up elderly housing stock - i could be totally wrong on that last point)

She would still pay 80% of her pension obviously.
 
Thanks for the response!
She was living remote down the country and at 80 years old that was becoming problematic. She now rents 45 seconds from our front door which suits us all and her pension easily covers the rent. Our house is a terraced house, already extended with no room for further extention.

The ideal financial solution as far as i can see is to buy another house in the estate where we live (they do come up occasionally). The difference in what she sold for and what she would pay may just be about manageable. This, reallocation of her savings would only leave her liable for 7.5% of house value x 3 years max thus ruling out the remaining 77.5% of the house value.

This might be a hard sell to her and renting that house might feel more palatable to her when the time comes. That rental income would also be exempt from fair deal income calculation AFAIK and may even be exempt from income tax? (due to a recent government proposal to free up elderly housing stock - i could be totally wrong on that last point)

She would still pay 80% of her pension obviously.
2 children by the way
 
Thanks for the response!
She was living remote down the country and at 80 years old that was becoming problematic. She now rents 45 seconds from our front door which suits us all and her pension easily covers the rent. Our house is a terraced house, already extended with no room for further extention.

The ideal financial solution as far as i can see is to buy another house in the estate where we live (they do come up occasionally). The difference in what she sold for and what she would pay may just be about manageable. This, reallocation of her savings would only leave her liable for 7.5% of house value x 3 years max thus ruling out the remaining 77.5% of the house value.

This might be a hard sell to her and renting that house might feel more palatable to her when the time comes. That rental income would also be exempt from fair deal income calculation AFAIK and may even be exempt from income tax? (due to a recent government proposal to free up elderly housing stock - i could be totally wrong on that last point)

She would still pay 80% of her pension obviously.
2 children by the way
 
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