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Selling home to pay for care home

My father has gone into a care home and we know that we have to sell his house to pay for his care.  Our local council has said that it will pay towards some of the cost during the 12 week property disregard, but we are nearing the end of that period and the house has only just been marketed (the delay with putting the house on the market wasn't our choice, but it took ages for the council to carry out all the assessments they needed to do and to tell us that the house had to be sold). 

His savings are running out fast as the care home charges £1000/week and he fell below the £23250 threshold in November 2023.  Therefore we need to ask the local council to pay the bills for us in the future and they will put a charge against the house to recoup the money when the house is sold (they charge interest and an admin fee).  The only income my father has is from his state pension.  He only has his savings as liquid assets and nothing else to sell apart from the house. 

However, the application form for Deferred Payment that we have to sign states: -

"If you are considering seeking assistance under the Deferred Payment Scheme, you are STRONGLY advised to seek independent legal and financial advice from the outset...........

I'm not sure what the point would be of seeking independent legal and financial advice because, as I understand it, we do not have a choice in the matter.  The house must be sold to pay for his care - he is the sole owner and nobody else lives at the property.  

I wonder if there's anyone on this forum that could advise whether seeking independent legal and financial advice would be of any benefit at all.  

Thank you in advance. 


  • thegreenone
    thegreenone Posts: 962
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    Does he get Attendance Allowance?  It's not a lot in the grand scheme of things, but might help.
  • Keep_pedalling
    Keep_pedalling Posts: 16,233
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    I would agree you don’t really have a choice. I think it is just a backside covering statement as their could be situations where doing this might not be the best way forward.
  • theartfullodger
    theartfullodger Posts: 14,384
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    You own it or have power of attorney?
  • RAS
    RAS Posts: 32,475
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    edited 19 January at 11:28AM
    He definitely should be in receipt of Attendance Allowance. Has no-one in the Council or at the home advised on this. "Our" home actually made the application as rellie was delivered Friday from hospital.
    The person who has not made a mistake, has made nothing
  • freesha
    freesha Posts: 341
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    Pension Credit also? Seems a low income if it is only SP.
  • a2mn1lt
    a2mn1lt Posts: 14
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    We have Power of Attorney - it's owned solely by my father. He's getting Attendance Allowance at the higher rate.  Thank you everyone for your comments.  I think that it is just a standard warning the council put on their paperwork to cover themselves - as Keep-pedalling says. 
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