Preparing and securing deferred payment agreements

Copyright © 2025 LexisNexis
Produced in partnership with Christine Cooper of Field Court Chambers
Practice notes

Preparing and securing deferred payment agreements

Copyright © 2025 LexisNexis

Produced in partnership with Christine Cooper of Field Court Chambers

Practice notes

This Practice Note considers the circumstances in which a person receiving care in a care home may be able to defer payment of the costs by entering into a deferred payment agreement (DPA) and the steps that a local authority should take to ensure the DPA provides effective security for the sums advanced.

A DPA is an agreement whereby the local authority meets the cost of a person’s care home placement when they would otherwise have to meet that cost themselves. The sums paid by the local authority accrue as a debt which is secured against a suitable asset (usually the person’s former home). The debt is repayable after the person dies or, if sooner, when the property or other security is sold.

Deferred payment agreements—relevant Law

The first points of reference when considering deferred payment agreements (DPAs) are the statute, regulations and guidance. These are:

  1. •

    sections 34 and 35 of the Care Act 2014 (CA 2014)

  2. •

    the Care and Support (Deferred Payment) Regulations 2014, SI 2014/2671, as amended by the Care and Support

Christine Cooper
Christine Cooper

Field Court Chambers

Christine is an experienced barrister (17 years’ call) whose practice covers the full range of social and welfare issues. She regularly appears in judicial review and Court of Protection proceedings involving the elderly, vulnerable adults and people lacking capacity.
 
Her clients include local authorities, the Official Solicitor and family members.
 
She is an expert on local authority charges for residential and community care and acts for and against local authorities and care providers. She is also often instructed in disputes between local authorities and NHS bodies about funding for care.
 
Christine has written for LexisNexis’ Finance and Law for the Older Client since 2015.
 
From January 2017 - December 2018, Christine was Crown Counsel Community Care on the British Overseas Territory of St. Helena. There she was the government’s specialist lawyer on all health and welfare matters.
 
Christine sits part-time as a deputy district judge.

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