6.1 A deferred payment will be offered to anyone who can provide adequate security for the deferred amount where the council is satisfied that:
- The adult has been assessed by the council as having eligible needs which should be met through care in a care home
- The adult owns or has a beneficial interest in a property which they occupy as their only or main home and the total value of the adult’s capital assets excluding their home is less than the upper capital limit set by the Department of Health and Social Care
- The value of the adult’s home is not the subject of a property disregard for the purpose of financial assessment
- The adult or their representative understands and agrees to the terms and conditions of the deferred payment agreement
6.2 The council has a discretion to consider offering a deferred payment in the following circumstances:
- Where the adult’s care and support is provided in supported living accommodation and the adult intends to pay the associated care and accommodation rental costs from the deferred payment. (Deferred payment agreements cannot be entered into to finance mortgage payments on supported living accommodation)
- Where the adult is unable to offer security by way of a first legal charge over property but is offering other forms of security for the deferred payment
- Where the adult is seeking a deferred payment in respect of top up fees or in respect of any care costs which exceed what is considered necessary by the council to cover the costs of care and support
6.3 The council will consider an application for a deferred payment in these circumstances on a case by case basis taking into account all the circumstances including but not limited to the sustainability and likely duration of the deferred payment arrangement and any risk to the council in entering into the arrangement. The council will need to be satisfied that there is adequate security to protect the interests of the council and that the debt is secure.
