Do I need to sell my property to pay for my care home fees?€¦ · agreement so they don’t need to sell their house (see chapter five). The€council should enter into a 12-week

Factsheet

Do I need to sell my property topay for my care home fees

Independent Age provides advice to help people claim benefitsaccess social care and stay independent at home Our localvolunteers provide friendship visits and calls for lonely older peopleTo find out how Independent Age can help you call us FREE on0800 319 6789 or visit Our free wise guides and factsheets can bedownload from the website and ordered by phone or via our onlineorder form

Do I need to sell my property to pay for my care home fees April 2015 2

Contents

If you live in Scotland Wales or Northern Ireland Page 3

1 Financial Assessment ndash will your property be takeninto account

Page 5

2 If your property is taken into account 12 weekproperty disregard

Page 7

3 What you pay during the 12-week property disregard Page 10

4 What happens after the 12-week disregard period isover

Page 12

If you donrsquot want to sell your property

5 Deferred payment agreements Page 13

6 Who can have deferred payments Page 14

7 When might a deferred payment agreement beused

Page 17

8 Loan security when the council might refuse adeferred payment agreement

Page 19

9 Effect of deferred payments on benefits anddisposable income

Page 22

If you decide to sell your property

10 Bridging loans Page 24

11 Care home fee planning Page 25


If you live in Scotland Wales or Northern Ireland

This factsheet covers how the care funding system

works in England The rules may be different in other

parts of the UK

For more information about the treatment of property

when paying care home fees in your area contact

one of the following organisations

- Care Information Scotland (0800 011 3200

careinfoscotlandcouk)

- Silverline Scotland (Age Scotland) (0800 4

708090

thesilverlineorgukwhat-we-dosilver-line-scotland

)

- Scottish Legal Aid Board (0845 122 8686

slaborguk) - they can advise on legal aid and

signpost to specialist social care solicitors

- Age Cymru (08000 223 444 ageukorgukcymru)

- Civil Legal Advice (0345 345 4 345

govukcivil-legal-advice)

- Disability Law Service (0207 791 9800 dlsorguk)

- Age NI (0808 808 7575

ageukorguknorthern-ireland)


- AdviceNow (02890 64 5919 advicenoworguk) -

network of independent general and specialist law

centres


Good to know

There is clear guidance and eligibility criteria on

deferred payments in England Scotland and Wales

but currently less so in Northern Ireland

Health and Social Care Trusts in Northern Ireland

may first signpost you to places where you might be

able to get an interim loan Each Trust takes legal

advice individually about applying a legal charge to a

property However whether or not they agree to a

deferred payments agreement the Trust still has a

duty to meet any eligible care needs you have

regardless of your financial situation


1 Financial assessment ndash will your property be taken

into account

Anyone who is considering a move to a care home

should have a care needs assessment by their

council ndash a social worker can advise you on what

kind of home might best meet your care needs If the

council agrees that you qualify for support and that a

care home is what is best for you then you can also

have a financial assessment to see if the council

should be helping you to pay the fees

When you have the financial assessment for care

home fees the council social services department

can decide whether to take into account the value of

your property and how much of its value to include

What happens will depend on your circumstances

but if your spouse or partner or a relative who is over

60 years of age or is disabled still lives in your home

then the property will not be taken into account in the

financial assessment This is known as a lsquomandatory

property disregardrsquo The council can also use its

discretion to disregard the value of your property in

other circumstances such as if someone else has

given up their home to look after you but they are not


a relative who would be covered by the mandatory

property disregard

If you have been living in the property alone and

nobody else owns a share in the property then the

whole of its value (minus 10 to cover the costs of

selling) can be taken into account


If you disagree with the councilrsquos decision about

whether your property should be included in your

financial assessment you may want to make a

complaint to the council or get legal advice

For information about making a formal complaint to

the council see our factsheet Complaints about

health and care services in England (0800 319 6789

independentageorg)

If you decide to get legal advice you may want to

contact Civil Legal Advice (0345 345 4 345

govukcivil-legal-advice) to ask whether you might

qualify for legal aid and to find community care

specialists in your area You can also find local legal

specialists in community care and financial

assessments through

- the Law Society ( solicitorslawsocietyorguk 020

7320 5650)

- the government website (

govukfind-a-legal-adviser)


Good to know You can get free initial legal advice

from the Disability Law Service (0207 791 9800

dlsorguk)

To dohellip See our factsheet care home fees paying

them in England for more information about the

financial assessment for paying care home fees

(0800 319 6789 independentageorg)


2 If your property is taken into account 12 week

property disregard

For the first 12 weeks after your permanent move to

a care home the council cannot include the value of

your property in your financial assessment for your

care home fees if you have savings under pound23250

(the upper capital threshold in England - this is likely

to change to pound27000 in April 2016) This is called a

12-week property disregard

The 12-week property disregard is designed to give

you lsquobreathing spacersquo to prepare the property for sale

or decide whether you want to sell your property

The council must also disregard the value of your

property for 12 weeks if

- you are living in a care home and

- you have less than pound23250 in savings and

- your property which was previously lsquodisregardedrsquo in

your financial assessment can now be taken into

account because of an unexpected change in your

circumstances This applies if your property was

under a lsquomandatory disregardrsquo ndash your council will

tell you if this applies


Suersquos story

The property that Sue owned with her husband was

not taken into account when she had a financial

assessment because her husband still lived there (a

lsquomandatory property disregardrsquo) Unfortunately her

husbandrsquos health deteriorated quickly after Sue

moved into the care home and he ended up needing

to move into a care home too This meant that there

was no longer anyone living in the house and its

value could be taken into account by the council as

part of Sue and her husbandrsquos contributions towards

their care home fees

The council can also choose to apply the 12-week

property disregard if there are other unexpected

changes in your circumstances such as a big fall in

share prices which bring your savings and capital

down below pound23250 It is up to the council whether it

decides to offer the disregard in situations like this

Good to know

In the past the 12-week property disregard could


also be applied if someone was already in a care

home and had been paying all of their care home

fees themselves without help from the council but

they had spent down their savings to less than

pound23250 (the upper limit when councilrsquos will start

providing financial help in England)

As of April 2015 people who have been paying all of

their own care home fees (and their savings then

reduce to pound23250) are no longer able to get the

12-week property disregard The governmentrsquos

reason for this is that they believe people will have

known that their money was starting to run out and

should have been able to plan for what to do to pay

their fees in future This could include talking to the

council about entering a deferred payments

agreement so they donrsquot need to sell their house (see

chapter five)

The council should enter into a 12-week contract with

your care home to pay the care home fees to them

just as they would to pay the care home fees of a

resident who was council-funded The contract lasts

for a maximum of 12 weeks or until you sell your


property (or your share of the property if it is jointly

owned)


3 What you pay during the 12-week property disregard

- income

Most of your income (your State Pension Pension

Credit private or occupational pension etc) will be

taken as a contribution towards your care home fees

You must be left enough income to cover a lsquopersonal

expenses allowancersquo of at least pound2490 (in England)

Good to know

If your spouse is still living in your home they are

entitled to 50 of your private or occupational

pension so this share will not be used towards your

care home fees The council can decide to allow this

for unmarried partners too or to raise your personal

expenses allowance instead

- Savings

If you have capital or savings of more than pound14250

but less than pound23250 (in England) the savings you

have between these two amounts will be counted in

your financial assessment You will be charged pound1

extra per week for your care home fees for every

pound250 in savings you have over pound14250 These


amounts are likely to change slightly in April 2016 to

pound17000 and pound27000

- Top-ups

If you have chosen to move into a care home that

charges more than the council would usually pay for

similar care (and you had other options available that

also met your care needs) then the council may ask

for a lsquotop-uprsquo to cover the difference between what

they are willing to pay and what the care home is

charging This lsquotop-uprsquo is usually made by a close

family member or friend

If you have capital or savings other than your

property you can choose to pay the top-up yourself

during this disregard period instead of asking

someone else to contribute towards your fees See

our factsheet Care home fees paying top ups in

England for more information (0800 319 6789

independentageorg)

Good to know


If you have a 12-week property disregard you will

effectively be seen as part-funded by the council for

those 12 weeks This means that any Attendance

Allowance care component of Disability Living

Allowance or daily living component of Personal

Independence Payment you receive should stop after

28 days If you still qualify you can start claiming

again after that


4 What happens after the 12-week disregard period is

over

After the 12-week period is over the council will

review your financial situation (and whether you have

decided to or been able to sell your property) to see

whether you are eligible for financial support from the

council towards your care home fees

If the property is not sold within the 12-week

disregard period or you do not want to sell then you

can ask for a deferred payment agreement from the

council (see chapter five) The council should provide

you with information about deferred payment

agreements before the 12-week property disregard is

over to help you think about your options and decide

what to do

If you decide you do want to sell your property but

are having trouble selling you could also consider a

bridging loan (see chapter nine)



5 Deferred payment agreements

A deferred payment agreement is a loan from the

council to help pay your care home fees ndash instead of

using money from the sale of your property

In return for paying the loan the council will place a

legal charge against the value of the property which

they can recover at a later date when the property is

eventually sold

Deferred payment agreements are useful for people

who

- are having difficulty selling a property

- are choosing not to sell a property (ie for emotional

reasons)

- have a friend or relative still living in the property

who is not covered by a mandatory property

disregard or by the local council discretionary

property disregard


6 Who can have deferred payments

You have a right to a deferred payment agreement

with your council as long as

- the council agrees that you need to be in a care

home (which would be worked out in a social care

needs assessment)

- you have less than pound23250 (in England) in savings

and assets other than your home (this is likely to be

pound27000 from April 2016)

- there are no dependent relatives living in your

home (if there are the value of your property

should be lsquodisregardedrsquo by the council when

working out what you should pay towards your care

home fees)

- the council is confident that the agreement is

sustainable and the loan is secure (and they will

get their money back at a later date) They would

need to consider things like

- whether they are able to put a legal charge against

your property to recover their costs (see chapter

eight for more information about loan security)

- whether or not you would be able to defer the care

home costs for as long as this is needed


considering the equity available in your property

and any savings you have

Councils in England must offer deferred payment

agreements to everyone who wants one and

qualifies

The council also has discretion to offer deferred

payments to people who do not meet all the eligibility

criteria This could include people who

- have savings just over pound23250 who may soon be

eligible

- want to use the capital in the property to pay a

top-up

- would otherwise be left with very little accessible

assets if they had to pay all the fees

They should aim to have agreements in place before

the end of the 12-week property disregard period or

within 12 weeks of the request being made in other

circumstances You should be given a hard copy of

the agreement and be given time to understand and

properly consider the agreement The agreement

should be reviewed once a year or sooner if your

care needs change


Good to know

Councils can charge interest on your loan from the

time it starts and an admin fee for setting up the

deferred payment agreement They cannot charge

more interest than the national maximum interest

rate which changes every six months and admin

charges must be lsquoreasonablersquo and no more than the

actual administration cost the councils They should

keep a publicly available list of all administration and

interest charges

It should be possible for you to defer the full amount

of your care costs including any top-ups you need to

pay to cover a more expensive care home place This

is as long as the top-ups are not too large when

compared to the value of your home


There is a maximum amount that you can defer

paying This is 90 of the value of your property

minus pound14250 (for 201516 - this figure is likely to

change to pound17000 in April 2016) If there are another

debts secured against your property these must also

be deducted from the amount you can defer

Once you have deferred 70 of the cost of your

property the council should talk to you about whether

the deferred payment agreement is still the best way

to meet your care costs and talk to you about

meeting your care costs in the future when the full

amount available has been deferred

It is worth knowing that if you have not yet paid back

the loan interest and admin charges can still build up

once you have reached the maximum amount you

can defer The maximum limit for the deferred

payments has been put in place so that you are still

able to cover these charges

You should get a written statement every six months

to show all the charges that are being deferred


including the interest which is being accrued This

should make clear how much equity remains in the

property which will determine how long the

agreement will continue for


7 When might a deferred payment agreement be used

You may want to request a deferred payment

agreement from the council if

- you decide not to sell your property after 12 weeks

or

- the property cannot be sold within the 12 week

disregard period and you are not able to meet the

cost of your care home fees from your income or

other savings capital that you have (However in

this situation you could also consider a bridging

loan instead of a deferred payment agreement -

see chapter nine) or

- you are considering renting the property but there

may be gap between your weekly income (including

rental income) and the full cost of the fees Speak

to the council before deciding to rent if this is the

case

An example

Mrs Cooper has been assessed by the council as

needing to move into a care home She and her

younger cousin Lynne (who is aged under 60) share


their current home although Mrs Cooper owns the

property outright

Since Lynne is under 60 years and is not considered

as a lsquoclose relativersquo under the guidance used by

councils the property is not automatically

disregarded by the council during the financial

assessment so social services has told Mrs Cooper

that the value of her property will need to be taken

into account However Mrs Cooper doesnrsquot want to

sell the house because Lynne would lose her home

Instead she can ask the council to consider using

their discretion to disregard the value of her property

so that Lynne who has provided care and

companionship for Mrs Cooper can continue living

there

If the council does not agree Mrs Cooper could

consider making a formal complaint or getting legal

advice If that was unsuccessful she could ask for a

deferred payment agreement which would allow the

council to place a charge on the property Social

services would pay some of Mrs Cooperrsquos care fees

and Lynne could remain in the house until after Mrs

Cooperrsquos death at which point the council would


expect to get the money (loan) from the deferred

payments back The council would expect this to

happen within 90 days of Mrs Cooperrsquos death


8 Loan security when the council might be able to

refuse a deferred payment agreement

The council may be able to refuse a deferred

payment agreement if they do not think that there

would be enough security in the loan and they risk

not getting back the money they have spent on your

care

The council could refuse a deferred payments

agreement because they are unable to secure a first

legal mortgage charge on the property (they must

offer people who qualify a deferred payments

agreement if securing this legal charge is possible)

If your property is jointly owned the council must get

both ownersrsquo signed consent to put a legal charge on

the property The other person (or people) who own

the property must also agree not to object to the

property being sold in the future so that the council

can reclaim their costs If this does not happen the

council can refuse a deferred payments agreement

However if these options to secure the loan are not

possible there are other ways that councils could

guarantee that they will be repaid in the future such

as


- a solicitorrsquos undertaking letter (a lsquopromisersquo from the

solicitor that the funds would be available at a later

date)

- through a guarantor who has an asset that the

council can put a charge against

- if you agree that the council could reclaim their

costs from a life assurance policy or a valuable

object you own


If you already have a deferred payments agreement

with the council they can refuse to increase the

amount in the agreement and defer more charges

against it in any of the following situations

- your savings and capital (including the value left in

your property) amount to less than pound23250 so

your care home fees should now be partly paid by

the council This would mean you no longer need a

deferred payments agreement This would also

apply if for any reason your property could no

longer be taken into account in the financial

assessment for care home fees (perhaps because

a dependent relative now lived there) The capital

limit is likely to change to pound118000 in April 2016

- they feel you no longer need to be in a care home

- you have breached the terms of the existing

deferred payments agreement

- you have reached the limit for the amount that can

be deferred (see chapter six)

If they decide to refuse your request they must give

you at least 30 days advance warning that any

deferred payments which have been made so far will

stop If you did not have a deferred payments


agreement in place it could be that the council had

been covering your care costs whilst alternative

arrangements were being made The council should

talk to you about how your care costs will need to be

met in the future

Good to know

When making a decision about whether to enter into

or increase a deferred payments agreement the

council needs to consider your individual

circumstances and the impact that agreeing or

disagreeing to your request could have on your

wellbeing


9 Effect of deferred payments on benefits and

disposable income

Benefits

- You may be able to claim Attendance Allowance as

you will be regarded as a self-funded care home

resident if you have a deferred payment agreement

- You may lose or see a decrease in your entitlement

to Pension Guarantee Credit This is because the

Department for Work and Pensions (DWP) will view

you as having chosen not to access the capital in

your property The value of your property (or partial

value if you are a joint-owner with some beneficial

interest) will be taken into account in calculating

your entitlement Your Pension Guarantee Credit

will be reduced by pound1 for every pound500 of savings or

capital you have over pound10000

Your income

- Your income (State Pension etc) will be taken into

account by the council as part of the deferred

payment calculation You will be allowed to keep

pound144 per week of your income to spend as you

wish - this is called the disposable income

allowance You can choose to keep less or none of


this allowance and instead put this money towards

your fees reducing the loan from the council

- You can negotiate with the council if you have a

deferred payment agreement and want to rent out

your property but most of the rental income from

the property would also be included in your

contribution towards your care home fees This is

because during a deferred payment agreement

you will be contributing a significant part of your

income (minus the disposable income allowance

mentioned above) towards your fees in the same

way as council-funded residents However the

council should allow you to keep a percentage of

the rental income

If you later decide to sell the property

If you sell and you gain significant capital from the

sale which is over the amount that needs to be paid

back to the council you may need to take

independent financial advice on how to best use the

remaining money to pay your care home fees in the

future (see chapter ten)



10 Bridging Loans

If you want to sell your property but cannot sell it

within the 12-week property disregard period

perhaps because of a poor housing market you may

want to consider taking out a bridging loan instead of

a deferred payment agreement A bridging loan can

be used to pay the care home fees until the property

is sold Some bridging loan companies can also help

with selling the property such as arranging

decorating and maintenance of the property to speed

up the likelihood of a sale

A bridging loan can be useful but you may need to

take further advice ndash they can be expensive as you

usually have to pay monthly interest on the amount

that you are borrowing

See chapter 11 about where to go for financial

advice


11 Care home fee planning

If you are selling your property and are considering

purchasing a long-term care bond or a care fees

payment plan to cover the cost of your fees it is best

to take independent financial advice to help you

decide if the products will be the best investment for

your capital

Independent financial advisers (IFAs) can help you

decide whether it would make financial sense for you

to purchase one of the different financial products

available This will depend upon various factors such

as your age the cost of the financial product and

how much the product will pay out to help support

your care home fees It may be important to note that

if you have invested in one of these products and you

pass away much sooner than expected there may be

no recompense into your estate of any of your

original investment

To do


Contact the Financial Conduct Authority (0800 111

6768 fcaorguk) who can signpost you to a later life

accredited adviser in your area The financial adviser

may charge a fee

Good to know

All IFAs have to be registered with the Financial

Conduct Authority You can find out whether the

adviser you have chosen has experience of working

with older people by asking if they have lsquoLater Life

Adviser accreditationrsquo

This factsheet has been put together by Independent

Ages expert advisers It is not a full explanation of the

law and is aimed at people aged over 60

If you need this information in an alternative format

(such as large-print or audio cd) call us on 0800 319

6789 or email adviceindependentageorg

Tell us what you think

Wersquod love to hear what you think of our publications

Please write to us at the address below phone us on

020 7605 4294 or email adviceindependentageorg

We will use your feedback to help us plan for changes to

our publications in the future Thank you

Supporting Independent Age

If you have found this information helpful and would like

to support our work there are lots of ways you can help

- get fit - run walk or cycle in aid of Independent Age

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If you would like to donate or raise money in aid of

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supportersindependentageorg or call our fundraising

team on 020 7605 4288

Independent Age18 Avonmore RoadLondonW14 8RR

T 020 7605 4200E charityindependentageorgwwwindependentageorgAdvice line 0800 319 6789

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Independent Age is the operating name ofthe Royal United Kingdom BeneficentAssociation Registered charity number210729


Contents

If you live in Scotland Wales or Northern Ireland Page 3

1 Financial Assessment ndash will your property be takeninto account

Page 5

2 If your property is taken into account 12 weekproperty disregard

Page 7

3 What you pay during the 12-week property disregard Page 10

4 What happens after the 12-week disregard period isover

Page 12


5 Deferred payment agreements Page 13

6 Who can have deferred payments Page 14

7 When might a deferred payment agreement beused

Page 17

8 Loan security when the council might refuse adeferred payment agreement

Page 19

9 Effect of deferred payments on benefits anddisposable income

Page 22


10 Bridging loans Page 24

11 Care home fee planning Page 25





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Documents

Do I need to sell my property to pay for my care home fees?€¦ · agreement so they don’t need to sell their house (see chapter five). The€council should enter into a 12-week