owner occupier moving into care home.

I have a client aged 88 who is currently in hospital and will be moving into a care home.
She owns her house but has a non dependant son living in the house.

Is she required to sell thus rendering the non dep homeless and do the LA have a duty to house the non dep in this instance.

Steph, this is probably a good starting point http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38_Treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf?dtrk=true

There are both mandatory and discretionary grounds for disregarding the value of property when deciding whether it needs to be taken into account in the means test for residential care charges. The mandatory grounds exemptions for a non-dependent son would be if he is over 60 or ‘incapacitated’.

If he doesn’t fit into the mandatory grounds and the LA refuses the discretionary grounds, I would imagine that it would carry out its usual tests of Priority Need, etc., before considering whether it had a duty to rehouse.

The current statutory guidance on the Care Act is the most authorative source. 
https://www.gov.uk/guidance/care-and-support-statutory-guidance

Read the annexes as well; particularly Annex B & D in your case, plus ensure you read all you can on the criteria and application of deferred payment arrangements.

As an afterthought, I’ve only just noticed your in Scotland,; I’m not sure whether any of the social care provisions of the Cate Act apply at all in Scotland

Here’s the Age Scotland factsheet on the treatment of property when someone enters a care home.

Treatment of the former home as capital for people in care homes

For reference, and because the factsheets are very difficult to find from the home page, here’s a link to the other Age Scotland factsheets on residential care if you need them Information guides and factsheets