Mock Paper 4 Flashcards

1
Q

What are the two distinct forms of long term care insurance products, as defined by the Financial
Conduct Authority?

A

Pre-funded and immediate care plans.

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2
Q

Which body is responsible for regulating health and social care providers?

A

The Care Quality Commission.

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3
Q
Which product(s), if any, used for long term care planning are regulated by the Financial Conduct
Authority?
A

Protection policies, annuities and mortgages, including lifetime mortgages.

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4
Q

What is the relationship between failed activities of daily living (ADLs) and the State-funded
residential care available to patients?

A

A patient in a residential care home has usually exhibited an inability to carry out one or more
ADLs.

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5
Q

When a local authority charges for respite care, what aspect of this care, if any, is normally
available free of charge?

A

Any nursing care provided.

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6
Q

Delivery of hospital care in England is provided by the National Health Service (NHS) via which
organisation?

A

NHS England.

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7
Q

The Coughlan case clarified a health authority’s responsibility to

A

provide for a patient’s healthcare when it has been identified as a primary need.

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8
Q

An individual may be eligible for National Health Service (NHS) funded nursing care if the individual
is

A

not eligible for NHS funded continuing healthcare and lives in a care home registered to provide
nursing care.

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9
Q

Jeremy is assessed as having a need for accommodation and personal care, although his primary need is for health care. Who takes responsibility and provides the funding for this care?

A

NHS England.

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10
Q

How does the Department of Health arrange for a new long term care initiative to be implemented
in a local area?

A

By advising NHS England.

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11
Q

When considering an individual with a high dependency level, what is likely to be the local
authority’s main concern in assessing whether care should be provided on a domiciliary or
residential basis?

A

The long term cost of delivering the care.

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12
Q

Under section 47 of the National Health Service and Community Care Act 1990, what must a local
authority provide?

A

An assessment of care needs.

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13
Q

Palliative care is usually the responsibility of

A

NHS England.

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14
Q

Section 4 of the Care Act 2014 establishes a responsibility on local authorities to

A

. establish and maintain a service providing information and advice to local individuals on care and
support.

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15
Q

Who is responsible for assessing the financial assistance required for a patient to be discharged
from hospital to a residential care home?

A

A local authority financial assessment officer.

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16
Q

When assessing care costs, in what circumstances do the local authority always disregard half of an
individual’s occupational pension?

A

. If half or more of the pension is passed to a spouse living at home.

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17
Q

Bill has a £10,000 life assurance investment bond which was effected 10 years ago. How will this be
considered by the local authority when undertaking its financial assessment if Bill’s need for care
has only just arisen?

A

It will be ignored

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18
Q

How is the maximum State contribution set for a resident of a care home in Scotland who is
self-funding and is initially deemed to require personal care only, but subsequently develops a
severe medical condition requiring significant nursing care?

A

A flat rate for both personal and nursing care

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19
Q

Why would Marion and James, a married couple, change ownership of their house to tenants
in common if Marion entered a care home?

A

To remove half the house value from the means test if James dies first.

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20
Q

A health cash plan is primarily designed to provide

A

a lump sum payable as a consequence of poor health or the need for treatment or
investigations.

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21
Q

George has a portfolio of shares in excess of £250,000. How could this be used to fund any future
long term care needs?

A

Both the dividends and the capital could be used.

22
Q

A disabled person has been assessed by his local authority as requiring a minor adaptation to his
house that will cost £1,500. What is the maximum percentage of this amount that the local
authority will pay?

A

100%

23
Q

Which body will ultimately make decisions on financial or welfare matters for people who lack
capacity and are otherwise NOT able to look after their own affairs?

A

The Court of Protection.

24
Q

. It is important to check the legal capacity of an individual with regard to long term care advice in
order to establish whether

A

they are capable of entering into a valid contract

25
Q

Doris completed an enduring power of attorney many years ago when she had full mental capacity.
She has now lost mental capacity and the enduring power of attorney has been registered. In what
circumstances, if any, will her attorney be permitted to make substantial gifts?

A

Only with the Court of Protection’s approval

26
Q

The attorney appointed under a Lasting Power of Attorney can make decisions on behalf of the
donor on loss of mental capacity of the donor for

A

both property and financial affairs and health and welfare.

27
Q

Once it is decided that an individual lacks the mental capacity to enter into a contract, that inability
is deemed to continue

A

until capacity is proven

28
Q

Kathleen is in a care home and her affairs are dealt with by her daughter, Mary, who has an
ordinary Power of Attorney. If Kathleen’s mental capacity were to deteriorate, who would then be
responsible for her affairs?

A

The person appointed by the Court of Protection.

29
Q

Prisha invested £100,000 into an onshore long term care bond 10 years ago. The bond’s value is
now £200,000. She has recently made a successful claim under the bond and will receive £5,000
per annum to pay for care benefits. How, if at all, will the payments she receives be taxed?

A

They will be assessed against the 5% annual tax-deferred withdrawal allowance.

30
Q

When an immediate needs annuity is set up for long term care purposes, what key factor will
dictate whether the entire annuity can be paid tax free from the outset of the contract?

A

The initial recipient of the annuity

31
Q

An elderly client has gifted his home through the use of a trust. In what circumstances would the
local authority take the value of the property into account when conducting a funding assessment
for continuous care purposes?

A

If the trust was set up less than six months ago.

32
Q

A deed of variation is treated for Inheritance Tax purposes as though it had been effected by the

A

deceased

33
Q

Why must a jointly-owned family home be owned as tenants in common when passing on a share
of it through a will on first death?

A

Assets owned through joint tenancy do not form part of the distributable estate on first death
for a married couple

34
Q

Felicity made a will three years ago. She was recently compulsorily detained under mental health
laws and deemed to be mentally incapable. Assuming there is no other statutory involvement and
no Power of Attorney exists, what effect, if any, will this have on her will?

A

It will continue to remain valid.

35
Q

Jim made a will 20 years ago, leaving half of his property to his wife and the rest to his children. He
subsequently divorced his wife, but did NOT amend the will or write a new one. What is the status
of the will?

A

The will is still valid, but the divorce can affect the distribution of the property.

36
Q

In what circumstances may a gift of capital that is being investigated for deliberate asset
deprivation be disregarded when assessing an individual’s ability to pay for care?

A

If it can be proved that the gift was for the purpose of Inheritance Tax mitigation.

37
Q

Cognitive impairment is the

A

loss of intellectual ability.

38
Q

Activities of daily living (ADLs) are the

A

B. activities used to test eligibility for long term care benefits.

39
Q

Claire is suffering from cognitive impairment. What additional condition, if any, must apply to
allow her to make a valid claim under her long term care insurance policy?

A

Cognitive impairment alone is sufficient to make a valid claim.

40
Q

In which country is there no lower savings threshold in respect of means testing for the costs of
residential care?

A

Wales

41
Q

What assessment must take place prior to a person receiving domiciliary care via the social
services?

A

A care needs assessment.

42
Q

Local authorities make financial assessments for domiciliary or residential care with reference to
the

A

. Care Act 2014.

43
Q

Veronica, aged 65, is about to move into a self-funded care home in Scotland. What financial
assistance can she expect from her local authority?

A

A flat-rate contribution towards the cost of both nursing and personal care.

44
Q

Mable, aged 62 and retired, has been unwell for the past 7 months and has needed help caring for
herself. She receives a benefit from the State to help her as she is unable to travel any distance
unaided and needs help with personal care both in the morning and at night. Which State benefit is
she receiving?

A

Personal Independence Payment.

45
Q

Aariz is in receipt of both elements of Pension Credit. This confirms that he

A

reached State Pension age before 6 April 2016.

46
Q

An elderly individual qualifies for the daily living component of the Personal Independence
Payment. He would also qualify for the additional component under the allowance if he has

A

difficulty walking or getting around.

47
Q

An individual would be expected to fund the full cost of residential care without State help if

A

he has more than the upper limit of capital for means-testing purposes.

48
Q

Alex has a single premium long term care bond. Her insurer has recommended that she make a
further contribution but she CANNOT afford to do this. What effect will this have on the plan?

A

It will continue but it may not provide for the full cost of fees if a claim is made

49
Q

James has recently taken out an immediate needs plan whilst Alan has taken out a pre-funded plan
to meet their respective long term care needs. Both James and Alan have full mental capacity. As a
consequence

A

. only James is likely to be unable to perform activities of daily living.

50
Q

Following the implementation and initial review of a long term care plan by a local authority, after
what period should the care plan be subject to a further review?

A

At least annually or more frequently if needed.