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Debt recovery

In this section

  1. 1
    Introduction
  2. 2
    Transition to Care Act requirements
  3. 3
    Definitions
  4. 4
    Information and advice about deferred payment agreements
  5. 5
    Mental capacity
  6. 6
    Eligibility criteria
  7. 7
    Adequate security
  8. 8
    Unregistered property
  9. 9
    Requirements for valuation of the secured property
  10. 10
    Maintenance, insurance and use of secured property
  11. 11
    Amount that can be deferred
  12. 12
    Equity limit
  13. 13
    Applications for a deferred payment agreement
  14. 14
    Refusing a request for a deferred payment agreement
  15. 15
    Financial assessment
  1. 16
    The deferred payment agreement
  2. 17
    Registering the charge over the secured property
  3. 18
    Payment of care costs
  4. 19
    When deferral of further care costs must or may cease
  5. 20
    Charging interest on deferred amounts
  6. 21
    Administrative fees and charges
  7. 22
    Provision of regular financial statements
  8. 23
    Terminating a deferred payment agreement
  9. 24
    Debt recovery
  10. 25
    Dissatisfaction and complaints
  11. 26
    Review
  12. 27
    APPENDIX 1 - Deferred Payment Agreement (Traditional)
  13. 28
    APPENDIX 2 - Deferred Payment Agreement (Loan style)
  14. 29
    Policy details

24.1    Recovery of any outstanding fees, charges, interest and / or client contributions due to the council will be in accordance with the council’s debt recovery procedures. 

24.2    Debt recovery procedures will also be instigated if: 

  • the deferred amount is not repaid in full following notification by the adult or their representative that the outstanding amount will be repaid and there is no reasonable explanation for non-payment and / or the terms and conditions of the deferred payment agreement have been breached 

  • the deferred amount is not repaid in full following the sale of the secured property 

  • active steps to repay the deferred amount following the death of the adult in need of care are not taken within such period as agreed by the council
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