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Deferred payment agreements and the property disregard

A long-term loan, a ‘deferred payment agreement’, can be requested from the council if you’re struggling to pay your fees.
3 min read
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Deferred payment agreement 12-week property disregard

Deferred payment agreement

If you don’t have enough money to pay your fees and are finding it difficult to sell your home, or don’t wish to sell your home, you can request a long-term loan known as a ‘deferred payment agreement’ (Northern Ireland excepted). 

 

This means that the council will pay your residential care costs and secure the loan against your property, until you pass away or the property is sold. At this point the loan will be repaid to the local authority. This will all be outlined in an agreement with the council, which you will need to be sign.

 

In England, all councils are required to offer deferred payments if you meet the following criteria:

Checklist (ticks)
  • you’re receiving long-term care in a care home or soon will be
  • you’re financially assessed as having less than £23,250 in savings, other than the value of their property
  • you’re a homeowner and there isn’t anyone else living in the property, such as a spouse, partner, child or a relative aged 60 years or over.


In Wales, you can request a deferred payment if:

Checklist (ticks)
  • your savings or other assets are less than £50,000
  • you don’t have other income which is able to meet the costs of their care
  • you have a beneficial interest in the property 
  • there’s no outstanding mortgage, or the outstanding mortgage will leave sufficient money to fund the cost of care.


Local authorities aren’t obliged to offer a deferred payment, but if they don’t, they must give the reason in writing.

Use our calculator to find out the cost of a care home in your area and what financial support is available.

Paying interest on the deferred payment agreement

Local authorities are able to charge interest on the deferred payment. Every six months the Government sets the maximum interest rate that local authorities can charge. The maximum rate was 1.65% for 1 January–30 June 2019 (yearly rate, charged daily). Local authorities can also include additional set-up and administration fees.

 

Both the interest rate and charges are designed to cover the local authority’s costs in making the loan; they aren't allowed to make a profit from the arrangement.

 

When the property is sold, the executor of the estate will be liable to repay the debt out of the estate, although they are not themselves personally liable.

Challenging a local authority decision

If you feel you have been unfairly denied a deferred payment, seek clarity from the local authority about the reasons for this, and make a formal complaint if necessary. 

 

12-week property disregard

Under certain circumstances, when a local authority is assessing how much you should contribute towards your care costs, the value of your property may be disregarded for the first 12 weeks of care. This can give those who are eligible some valuable breathing space before making important financial decisions, such as whether to sell their home to pay for care.

 

For example, if you decide to permanently move into a care home in England, Wales or Northern Ireland that has local authority-funded placements, and you own your own property, have low income and your savings are below the capital threshold (for example, £23,250 in England in 2019-20), then the council must ignore the value of your property for the first 12 weeks of your stay. After 12 weeks, the value of your property will be counted as part of your capital. 

 

In Scotland, the rules are slightly different; the threshold for savings is £28,000 (2019-20), and although the property owner is entitled to the 12-week disregard unless the property is sold within that time, the disregard period can start from the time the decision is made that the stay in the care home is permanent (which may be longer than 12 weeks in some circumstances). 

Further reading

Third-party top-up fees

Find out about third-party top-up fees; what they are, when they can be paid, and how to complete the paperwork.

Self-funding a care home

We explain how you can pay for your care, what happens if your money runs out and getting financial advice.

Last updated: 09 Apr 2019