Protected Persons

Hi there,
My gran went into care and it looks like I have protected person status, although I have not been told much else.

  • Is there a limit on how much of an income a protected person can make each year as a protected person? Is there a threshold that affects a protected person status?
  • If I continue to stay in the house (indefinitely and not move out) that is protected, will my gran fees stay as is (paying a standard daily fee only) or will some other charges come into effect like counting her house as an asset? Will she have to pay some means test fee at some point?

Hi Mike G,
At this time, it is our understanding that investment properties owned by the children are not included in the income and asset testing, and you should retain Protected Person status by living in your parents home. However, finances around Residential Aged Care are always complicated and we do recommend speaking to a financial advisor. A financial advisor who specialises in aged care will know the government and aged care industry financial ins and outs, so they can best advise what you should consider. They can make you aware of options and sometimes even loopholes that are specifically relevant to you. We hope this helps, The agedcare101 team

Can a protected person living in an aged parents home also own their own home which they moved out of and rented to live with the aged parent and still be considered a protected person with the parents home not being considered an asset for pension and aged care fees.

Do you need help ???

Hi Vicki AI,
would think that if you were to divorce your husband you would no longer be classified as a couple, as far as centrelink is concerned. You can’t have it both ways. As far as I know the meaning of 'couple separated due to ill health ’ is that your husband would be in permanent care like a care facility living separate away from you. You may be thinking of divorcing your husband, but does he want to divorce you, and does he still have legal capacity to do so, I don’t know to much about divorces but don’t you have to be separated for a certain amount of time? I’m also looking after my husband who has advanced dementia, and is also a lot older than me , so I know what you’re up against. But I certainly wouldn’t want to risk ending up with a second husband that could end up with dementia, one is more than enough, so perhaps look for someone younger, so he or she can look after you if you were to become ill.

I’m just wondering how do I ask a question ? Also I think I’m a protected person but my sister is trying to sell the my father house that I have lived in all my life and still am I use to care for my father before my sister put him in a nursing home what rights do I have and can I stop her from sell the house ?

I’m just wondering how do I ask a question ?

My husband has been in Aged Care for over a year I am living in our home as a protected person. He is 71 and I am 62. Currently I am on job seeker and have been since moving from my carers pension. I am trying to get a disability support pension as I have several back issues as a result of being a carer for my husband for over 15 years with his Parkinsons. I have NDIS support for treatment and for therapies and equipment to support my condition. When I have worked it is only been for one or two days at a time and my husband loses $.50 in the dollar for every dollar I earn over $150 per week or 300 per fortnight because we are still classed as financially assessed as a couple. We are classed as permanently separated due to illness so that he gets his full age pension and I get my full Centrelink payment. What would be the legal ramifications of the protected person if we were to be divorced. Considering that you can be a protected person when you have been a carer for somebody regardless of whether you were in a marriage or you are just a person who is a carer it makes it very difficult to try and make financial ends meet when you have no other source of income. we had under the assets threshold to allow my husband to move into care without paying and accommodation charge but he does pay the minimum daily care fee. What is left after that is used for his medication and health care and any left after that contributes towards the overheads of home ownership e.g. rates insurance repairs and maintenance etc. However the majority of the expense is borne by myself. If we were to divorce I would still be his primary visitor and carer outside of Aged Care he has had dementia for the last three years but is very healthy in other respects. As I only have a relationship with him in name only (although I still Love and care for him as the husband he used to be) I may also want to move on potentially in remarry or begin a relationship with someone else and I would feel more comfortable at doing that if I was not still legally married. I still provide a major amount Of care in visiting him almost every second day and looking after all his finances and decisions in a capacity as a carer and EPOA. I have asked that question at Centrelink about being classed as permanently separate from him in a relationship status but couldn’t get an answer. The just kept repeating that our status was separated permanently due to illness but that we were still classed as a relationship attached a married couple for the purposes of our finances. when I said what would happen then if we were divorced and all I got is the response was well that’s a personal decision up to you but no comment on how that may affect anything.

My dad has been in aged care for almost two years. The protected person in the house is his carer not a relative. Will this person still be considered protected when dad moves into a new facility and a new contract is signed after his omd facility has declared they cannot care for him anymor

Both my parents entered an aged care facility in 2019. They were fully supported as there is a protected person in the home. My mum passed away last year. Dad has been admitted to hospital as he had a UTI and the facility is now saying they will not take him back as he was aggressive whilst he was unwell. If we have to find another facility for dad because the original facility is refusing him to return will another means test be done for any new facility? . Will the protected person in the family home, who is on a disability pension. remain a protected person when dad has to enter into a new contract with a new facility? One of the questions on the paperwork of possible facilities has been did dad live with a carer for the last 2 years but this is no longer valid as his currently protected carer was in the family home whilst dad was in aged care. We dont want the house to become an asset for aged care purposes and the carer to become homeless If the house then needs to

Hi AnnieIf your mother is still legally married ie there has been no official separation both physically and financial and he has been living with her in the family home then my understanding is that he would be considered a protected person .However to clarify their situation I suggest you call Department Human Services Income and Assets division on 1800 227 475.Regards

Hi, my mum has recently gone into aged care. She seperated from her husband 4 years ago, and he still lives in the family home. They are not legally divorced or have gone through a financial seperation. Would he be classified as a protected person if he receives the aged car

Such a cruel legislation. So in my case (I am the protected person) I will literally homeless in two years. A cheering prospect.

Hi Marianne, I have included the link to the government’s guide on exemptions for aged care fees and impact on age pension after the two year time period has lapsed. Alternatively you can speak to Centrelink/DHS Income and Assets division on 1800 227 475 to clarify what exemptions eg rental arrangements may have on the pension payments. Kind regards Jill Exempting the principal home - care situations | Social Security Guide

Hi relle, Yes my understanding is that whilst the family home will remain an exempt asset for the aged care fee assessment (means tested fee) despite a protected person still living in the home there is no exemption for age pension entitlements after two years of the home owner moving into residential care. I think you should speak to DHS (Department Human Services ) Income and Assets division on 1800 227 475 for advice. Otherwise I would recommend speaking with a specialist aged care financial adviser to ensure the best outcome for your family especially with regards to buying into the value of the family home. Kind regards Jill

Hi my elderly mother-in-law is in aged care with RAD / DAP arrangement in place. My sister-in-law has lived in mother-in-laws home all her life and was her carer on a carers pension, transitioning to new-start when her mother moved into aged care, keeping her Protected Person status.
I understand that for the aged care assessment the home remains EXEMPT as long as my sister-in-law lives in the house and maintains her protected person status.
My question is regarding the aged pension asset assessment after 2 years. Are there any scenarios where the home will NOT be treated as an assessable asset?

Can any examples be given of anybody who has reached that two year time, still protected person, cannot leave house due to becoming homeless, and parent still in aged care. Like when the house affects the aged pension, what happens? If the house can’t be used? Are there other payments the parent is put on?

My husband, deaughter and myself have been living in the family home under protectedvperson status, my husband has a disability pernsion, it has been 18 months since my father was moved into care. As we understand after the two years, the home will become an asset for aged pension puposes, my fathers full pension will reduce, hence he will not have enough cash flow to pay the monthly nursing home costs.Can we buy into half of the value of the family house, hence give some cash flow for bills and remain there as protected person?

I’m in the same position. I was told about the two year issue too which frightened me as I would be literally homeless. What happens if the person looses the age pension and the house isn’t counted as asset and there is no pension to pay for the home?

I’m in the same position and the two years was mentioned to me which really frightened me as I would literally be homeless. So if the person looses the aged pension what happens? How is their accommodation not paid for if not by the pension as before or the house?