Q&As

How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?

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Published on LexisPSL on 21/09/2018

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?

How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?

The Care Act 2014 (CA 2014) provides a framework for the recovery of debts resulting from a local authority’s involvement in support and care, revoking section 22 of the Health and Social Services and Social Security Adjudications Act 1983. Under CA 2014, s 69, any sum due to a local authority under this part is recoverable by the authority as a debt due to it.

Comprehensive information and guidance on how local authorities should implement CA 2014 is found in the Care and support statutory guidance. In section 8.30 of the guidance, it is stated

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