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< Back to care journey

When a relative goes into care from their own home then one of the first practical problems to confront is what to do with the house?

If asked for advice, social services staff will often give a brief answer – "sell it!" But the options are often broader than that and picking the right one more complicated.

Is the house disregarded as an asset? There is a mandatory disregard if the resident's partner is living there. There are also several other mandatory disregards. There are discretionary disregards that can apply, for example if the house is occupied by a carer. A person may ask for a disregard if they move in after the resident has moved out where this is necessary and is not apparently done just to avoid care fees. Legal advice can assist in presenting such a case effectively.

If there is no disregard, a deferred payment arrangement can create time for a person who needs to continue to occupy the house.

Sometimes it may make economic sense to rent the property rather than sell it.

What happens if the house is jointly owned and joint owners do not want to sell? That may well affect the value for means testing purposes and the joint owners have a number of options.

Is the house jointly owned under "right to buy"? This can cause difficulties relating to the treatment of the property discount.

Wrigleys provide full legal advice on the care law and property aspects of these choices.

Guidance

FAQs on Deferred Payments

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NHS Continuing Care Enquiry

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Moving closer towards 21st century pensions trusteeship

The Pensions Regulator is proposing clarity on its powers to impose financial penalties on trustees. The outcome may mean an increase in fines.

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Professional Trustees - a chimera of the pensions world?

The Pensions Regulator consults on a definition of 'professional trustee' as we face an increasing drive towards '21st century trusteeship'.

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Charity trustees criticised for selling property too cheaply

Charity Commission finds ‘basic and serious mismanagement’ by the trustees in selling land for £15m less than it was worth.

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Charity Tax Group Regional Meeting

Date: 04 May 2017

Venue: Radisson Blu Hotel, The Light, Leeds

Speaker: CTG’s Chairman and Technical Adviser

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Through the Maze - June 2017

Date: 06 Jun 2017

Venue: DoubleTree by Hilton, Leeds

Speaker: Various

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Employment Law Update for Charities 2017

Date: 15 Jun 2017

Venue: Hilton Leeds City

Speaker: Guest Speaker: David D'Souza, CIPD, Head of London

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