Attendance Allowance, care homes and protecting your home
By CareFinder Team · Published 2025-11-13 · Last reviewed 2026-09-18
Attendance Allowance is a benefit for people over State Pension age who need help with personal care or supervision. It is not means-tested, so owning a home or savings does not affect it. It usually continues if someone pays their own care home fees but stops after 28 days of council or NHS funding. The home is never counted for care at home, and has protections for care home stays.
Attendance Allowance is a tax-free benefit for people over State Pension age who need help with personal care or supervision because of an illness or disability. It is not means-tested, so owning a home or having savings does not stop someone claiming. It usually continues if your relative pays their own care home fees, but stops after 28 days if the council helps pay. The family home is protected in several ways, but it can count towards care home fees.
This guide explains how Attendance Allowance works, how it interacts with care funding, and how the home is treated. It is general information; for decisions about property and money, get personal advice.
Who can get Attendance Allowance?
According to GOV.UK, your relative may qualify for Attendance Allowance if they:
- have reached State Pension age;
- have a physical or mental disability or health condition, including dementia or sight loss;
- need help with personal care, or supervision to stay safe, and have needed it for at least six months;
- are not already getting Disability Living Allowance or Personal Independence Payment.
They do not need to have a carer, and they do not have to spend the money on care. It is not affected by income or savings.
People who may have 12 months or less to live can claim under special rules, which are faster and pay the higher rate straight away.
Scotland: new claims are for Pension Age Disability Payment from Social Security Scotland, which works in a similar way.
How much is it?
There are two weekly rates. The lower rate is for people who need frequent help or constant supervision during the day, or supervision at night; the higher rate is for people who need help or supervision both day and night, or who are nearing the end of life. Rates rise each April, so check the current figures on GOV.UK.
How do you claim?
- Get a claim form by phoning the Attendance Allowance helpline or downloading it from GOV.UK.
- Describe a typical day and night in detail: help with washing, dressing, toileting, eating, taking medicines, moving around, and supervision to prevent falls or confusion.
- Include difficulties on bad days, not only good days, and how long tasks take.
- Add supporting evidence, such as letters from the GP, a care plan or a carer's diary.
- Keep a copy of the form.
If the claim is refused, your relative can ask for a mandatory reconsideration and then appeal. Age UK and Citizens Advice can help with forms and challenges.
What happens to Attendance Allowance in a care home?
The rules depend on who pays:
- Your relative pays the full fees themselves: they can usually keep Attendance Allowance. GOV.UK confirms you can still claim if you pay for all your care home costs yourself.
- The council helps pay: Attendance Allowance normally stops after the first 28 days.
- **NHS continuing healthcare pays:** Attendance Allowance also stops after 28 days.
Tell the Attendance Allowance helpline when your relative goes into a care home, even for a short stay, to avoid an overpayment. GOV.UK has a guide to reporting a care home stay.
The 12-week disregard and Attendance Allowance
During the first 12 weeks of a permanent care home stay, the value of the home is ignored. If that means the council helps with fees, Attendance Allowance stops after 28 days. Some councils point out that people with enough income to pay in full can choose not to take council help during this period and keep the benefit. After the 12 weeks, people who pay the full cost, including through a deferred payment agreement, are generally treated as self-funding and can usually claim again. Ask the council and the helpline how the rules apply.
How does Attendance Allowance affect the council's means test?
For care at home, councils in England usually count Attendance Allowance as income in the financial assessment. But they must also allow for disability-related expenses, such as extra heating, laundry or a cleaner, which can reduce what your relative pays. Keep receipts and ask the council to include these costs.
How is the family home protected?
Care at home
The home your relative lives in is never counted when the council means-tests care at home.
Care home stays
For a permanent care home stay, the home usually counts as capital in England, but it is ignored:
- for the first 12 weeks of a permanent stay;
- while a partner, a relative aged 60 or over, a disabled relative or a child under 18 lives there;
- for temporary or respite stays.
Age UK's guide to whether you have to sell your home explains these rules and the council's discretion to ignore the home in other cases.
Deferred payment agreements
If the home counts and your relative's other capital is below the upper limit, the council can pay the fees through a deferred payment agreement, recovering the money when the home is sold or from the estate. Interest and fees apply.
Things that do not protect the home
Giving the home away, or moving it into a trust, to avoid care fees can be treated as deprivation of assets, and the council can assess your relative as if they still owned it. The £86,000 lifetime cap on care costs that was planned for England was cancelled in July 2024, so it offers no protection.
How do the rules differ across the UK?
- Scotland: personal care is free for those assessed as needing it, and Pension Age Disability Payment replaces Attendance Allowance for new claims. Care home accommodation costs are means-tested.
- Wales: Attendance Allowance works as in England. Wales has its own, higher capital limit for residential care.
- Northern Ireland: Attendance Allowance is run by the Department for Communities, and care is assessed by the Health and Social Care Trust, with rules on property similar to England's.
Frequently asked questions
Can my mum get Attendance Allowance if she owns her home and has savings?
Yes. Attendance Allowance is not means-tested. It depends only on her care needs, age and residence.
Does Attendance Allowance stop when someone goes into hospital?
Payment can stop after a hospital stay of more than 28 days, and separate stays close together can be added up. Tell the helpline about any hospital stay so payments are correct.
Can we use Attendance Allowance to pay a family member?
It can be spent on anything, including paying for help. Paying a relative may have tax and benefit consequences for them, so check first.
Will claiming Attendance Allowance mean the council takes our house?
No. Claiming the benefit has no effect on how the home is treated. The home only counts in the means test for a permanent care home stay, and even then there are exceptions.
Should we tell the council about Attendance Allowance?
Yes. Councils ask about all income in the financial assessment. Also ask them to allow for disability-related expenses, which can reduce the charge for care at home.
Key takeaways
- Attendance Allowance is not means-tested and is for people over State Pension age who need care or supervision.
- It usually continues for self-funders in a care home but stops after 28 days of council or NHS funding.
- The home is never counted for care at home and has several protections for care home stays.
- Giving away the home to avoid fees can be treated as deprivation of assets.
- In Scotland, new claims are for Pension Age Disability Payment.