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thepartners@wrigleys.co.uk

Leeds: 0113 244 6100

Sheffield: 0114 267 5588

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- A son acting for his mother in a care fees dispute

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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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General Enquiry

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NHS Continuing Care Enquiry

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The pitfalls of employee relocation

With Brexit talk particularly in banking, of moving staff, employers need to realise that relocating employees is not straightforward legally

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Salary Sacrifice Update

Can independent schools keep their school fee salary sacrifice schemes in place?

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Court rules against a challenge to inheritance in the Ilott case

The Supreme Court has today handed down their judgment in the case Ilott v The Blue Cross and Others (previous incarnations known as Ilott v Mitson)

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Breakfast Briefing - 25 April 2017

Date: 25 Apr 2017

Venue: Radisson Blu, Leeds

Speaker: Dr John McMullen, Partner at Wrigleys Solicitors

Further information and booking

Charity Tax Group Regional Meeting

Date: 04 May 2017

Venue: Radisson Blu Hotel, The Light, Leeds

Speaker: CTG’s Chairman and Technical Adviser

Further information and booking

Schools Breakfast Club - 9th May 2017

Date: 09 May 2017

Venue: Wrigleys Solicitors, 19 Cookridge Street, Leeds, LS2 3AG

Speaker: TBC

Further information

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