Q&As

Are the executors of a deceased service user who had a deferred payment agreement in place on a property to fund her nursing home fees entitled to deduct the financial limit for assistance (£23,250) before payment?

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Produced in partnership with Warren Shackleton of Network Homes
Published on LexisPSL on 27/04/2017

The following Local Government Q&A Produced in partnership with Warren Shackleton of Network Homes provides comprehensive and up to date legal information covering:

  • Are the executors of a deceased service user who had a deferred payment agreement in place on a property to fund her nursing home fees entitled to deduct the financial limit for assistance (£23,250) before payment?

In this Q&A we have assumed:

  1. assessment of the deceased was correctly calculated

  2. deceased had a normal financial profile and was not for example someone who had no recourse to public funds

  3. there was no top up being paid or owing

  4. there was no deprivation, and

  5. based assessment was paid up to date

Charging for a resident assessed as full cost and availing themselves of a deferred payment agreement would normally be as follows:

  1. an income based contribution which is usually the service user’s income less their personal allowance and this is payable every charging cycle which differs between local authorities

  2. balance of the full cost (after the 12-week disregard) should be deferred against the property

The first bullet point above should be straightforward and it is assumed that

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