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The "12 week property disregard"
As mentioned above, if your other capital is below the “Upper Capital Threshold”, currently £23,250 and your income is insufficient to meet the fees being charged by the Care Home, the market value of your property should be disregarded for the first 12 weeks from the date the individual moved into permanent, long term care. This would mean that the Local Authority should treat the person needing care as if they qualified for full State funding for the first 12 weeks they are in care (or until the property is sold if completed in less than 12 weeks).
During this period, the Local Authority will then pay the care fees up to their “contract rate” or “standard rate” directly to the Care Home. They will then ask you to pay them the amount of income you are assessed as having to pay less your Personal Expenses Allowance. These figures will be based on the details of the completed Financial Assessment.
It is only during this 12 week period that the individual needing care is permitted to use their own money to top up any “contract rate” towards living in a more expensive Care Home. This will only be allowed however if the cost of such top ups does not exceed the applicable “Lower Capital Threshold” ie £14,250 during this period.
When the 12 week Property Disregard period comes to an end, if you have been unable to see your home or you do not want to sell it, the Local Authority may be able to enter into a “Deferred Payment Agreement”.
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