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"Thanks so much for all your help, advice, patience and effort from day one to today - I can’t imagine how this would have turned out without your skill and stamina."

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

"Your impact has definitely been felt by all involved, it’s efficient, intelligent and dynamic. I can feel that the opposing party are raising their standards, as soon as they hear from you."

- Sister of disabled man challenging care package

< 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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Strong and stable: ignore the spin, the substance still matters

Strong and stable might no longer be a fashionable phrase, but that's exactly what good governance of academy trusts is all about.

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Modern slavery statements and the academy trust

With victims of modern slavery in England likely to number over 10,000, we consider supply chain transparency requirements for academy trusts.

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Community-led housing: Lancaster gathering

Interested in community-led housing? Join us on Saturday 4 November at the Friend's Meeting House in Lancaster.

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Philanthropy Impact - The role of professional advisers, philanthropists...

Date: 07 Nov 2017

Venue:

Speaker: Fran Hegyi, Executive Director, Hull UK City of Culture 2017; Andrew Dixon, Director, Culture Creativity Place, Bid adviser Leeds 2023; Other speakers TBC

Further information and booking

Schools Breakfast Club: Preparing for GDPR in Schools - 14th November

Date: 14 Nov 2017

Venue: Wrigleys Solicitors, 19 Cookridge Street, Leeds

Speaker: Ibrahim Hassan, solicitor and director of Act Now Training Limited

Further information

Community ownership of land and buildings: lessons and policy implications Scotland & the North

Date: 16 Nov 2017

Venue: Radisson Blu, Leeds

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