Deferred payment Scheme

Valid until 31 March 2020.

Deferred payments were introduced on 01 July 2002 under the Community Care and Health (Scotland) Act 2002. Deferred payments allow people to avoid selling their homes up front to meet their care home fees, by entering into a legal agreement to have part of their fees paid by their local authority. Accrued debt is settled from the resident’s estate, or sooner if the property is sold.

Currently the Council allows people who take up permanent residence in a care home to retain their property, with repayment of the debt being secured from the resident’s estate by placing a charging order on the property.

Deferred payments give residents the option to enter into an agreement voluntarily rather than to have a charging order imposed.

Deferred payments form part of the financial assessment for permanent residents who own property. This assessment is undertaken by Orkney Health and Care, Finance Section.

Eligibility criteria for deferred payment agreements is restricted to any person who:

If a resident chooses to opt for a deferred payment, they will be responsible for obtaining a valuation on the property. The valuation must be provided by a person who is, in the reasonable opinion of Orkney Islands Council, qualified to make such a valuation. The Council reserves the right to obtain its own valuation of the property if there is some doubt. There would be no re-evaluation of the property once the resident has entered into the agreement. The deferred payment agreement would apply to the resident’s main residence only.

Whatever course of action you anticipate taking, you may find it helpful to consult a solicitor.

Note

Staying in residential care can affect benefits payable by the Department for Work and Pensions. In order for a resident to avoid overpayment or underpayment of Government state benefits, they are required to report all changes in circumstances to the Department for Work and Pensions.

Useful Contacts

Joan Jones, Accounting Officer

Orkney Health and Care, Orkney Islands Council, Council Offices, School Place, Kirkwall, KW15 1NY.

Telephone: 01856873535, extension 2614.

Duty Social Worker

Orkney Health and Care, Orkney Islands Council, Council Offices, School Place, Kirkwall, KW15 1NY.

Telephone: 01856873535.

Department for Work and Pensions

Tankerness Lane, Kirkwall.

Telephone: 01856888300.

Citizens Advice Bureau

Anchor Buildings, Bridge Street, Kirkwall.

Telephone: 01856875266.

Advocacy Orkney

18 Queen Street, Kirkwall, Orkney, KW15 1JE.

Telephone: 01856870111.

Complaints

If you are dissatisfied with the service provided you can make a formal complaint to the Complaints Officer, Orkney Health and Care, Orkney Islands Council, Council Offices, School Place, Kirkwall, KW15 1NY.

School Place, Kirkwall, Orkney, KW15 1NY

Telephone: 01856 873535

Email: customerservice@orkney.gov.uk

Orkney Islands Council: BOREAS DOMUS MARE AMICUS