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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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The June Yorkshire Family Business Bulletin

This month, Thomas Wainman considers 'employee ownership' as an option for family businesses plus the usual mix of news, insights and perspectives.

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HMRC's Trust Registration Service – ACTION REQUIRED

In June 2017, HMRC Trust Registration Service is due to be launched and will require all trusts with potential UK tax liabilities to be registered.

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Beware of finance leases dressed up as operating leases

A reminder of when academies need ESFA consent.

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Schools Breakfast Club

Date: 11 Jul 2017

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

Speaker: Lisa Armstrong, Chartered Educational Psychologist at Evolution Psychology Ltd

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Breakfast Briefing

Date: 01 Aug 2017

Venue: Radisson Blu, Leeds

Speaker: Dr John McMullen, Partner at Wrigleys Solicitors

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Breakfast Briefing - 17th October 2017

Date: 17 Oct 2017

Venue: Radisson Blu, Leeds

Speaker: Dr John McMullen, Partner at Wrigleys Solicitors

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