The Care and Support (Deferred Payment) Regulations 2014
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11 Terms, conditions and information
(1) The deferred payment agreement must include any terms, conditions and information, without which the adult is unable to ascertain his or her rights and obligations under the agreement including— (a) in the case of an agreement under which a local authority agrees to defer until the specified time the repayment of the part of the loan specified in regulation 5, a term to make clear that the local authority will make advances of that loan to the adult in instalments and when those instalments will be made; (b) a term to explain that the local authority must cease to defer amounts due to the authority under section 14 or 30(2) or advance instalments under the loan agreement if the adult is no longer receiving care and support in a care home or supported living accommodation or if the local authority no longer considers that the adult’s needs should be met by the provision of such accommodation; (c) a term to explain any other circumstances in which the local authority will or may cease to defer amounts due to it under sections 14 or 30(2) or advance instalments under the loan agreement; (d) a term which requires the local authority to produce a written statement— (i) which is provided to the adult— (aa) at the end of the period of six months beginning with the date on which the agreement is entered into; (bb) every six months after that; and (cc) within 28 days of a request made by the adult; and (ii) which shows— (aa) the amount that the adult would have to pay to the local authority in order to terminate the agreement on the date on which the statement is sent by the authority to the adult or such later date as is requested by the adult; and (bb) the amount of interest and administration charges which have accrued on the amounts deferred under section 14 or 30(2) or the loan instalments since the commencement of the loan; (e) a term which requires the local authority to give the adult 30 days written notice of the date on which the equity limit and, if different, the amount which the parties have agreed to defer is likely to be reached; (f) if the interest is to be treated in the same way as the adult’s deferred amount, a term to explain how the interest will compound; (g) information as to administration costs which the authority may charge under the agreement; (h) in the case of a loan, a term to make clear that its purpose is to pay the costs of care and support in a care home or supported living accommodation, as the case may be, and that the adult must pay those costs as and when they fall due; (i) a term which explains that, subject to regulation 5(3), the maximum amount which may be deferred is the equity limit in regulation 5(5), and that this is likely to vary over the term of the agreement; (j) a term which describes the adequate security accepted by the local authority; (k) a term requiring the adult to obtain the consent of the local authority for any person to occupy the property; and (l) a term to explain how the adult may exercise his or her right to terminate the agreement. (2) The deferred payment agreement may include such other terms and conditions as the local authority considers appropriate.
11 Terms, conditions and information
(1) The deferred payment agreement must include any terms, conditions and information, without which the adult is unable to ascertain his or her rights and obligations under the agreement including— (a) in the case of an agreement under which a local authority agrees to defer until the specified time the repayment of the part of the loan specified in regulation 5, a term to make clear that the local authority will make advances of that loan to the adult in instalments and when those instalments will be made; (b) a term to explain that the local authority must cease to defer amounts due to the authority under section 14 or 30(2) or advance instalments under the loan agreement if the adult is no longer receiving care and support in a care home or supported living accommodation or if the local authority no longer considers that the adult’s needs should be met by the provision of such accommodation; (c) a term to explain any other circumstances in which the local authority will or may cease to defer amounts due to it under sections 14 or 30(2) or advance instalments under the loan agreement; (d) a term which requires the local authority to produce a written statement— (i) which is provided to the adult— (aa) at the end of the period of six months beginning with the date on which the agreement is entered into; (bb) every six months after that; and (cc) within 28 days of a request made by the adult; and (ii) which shows— (aa) the amount that the adult would have to pay to the local authority in order to terminate the agreement on the date on which the statement is sent by the authority to the adult or such later date as is requested by the adult; and (bb) the amount of interest and administration charges which have accrued on the amounts deferred under section 14 or 30(2) or the loan instalments since the commencement of the loan; (e) a term which requires the local authority to give the adult 30 days written notice of the date on which the equity limit and, if different, the amount which the parties have agreed to defer is likely to be reached; (f) if the interest is to be treated in the same way as the adult’s deferred amount, a term to explain how the interest will compound; (g) information as to administration costs which the authority may charge under the agreement; (h) in the case of a loan, a term to make clear that its purpose is to pay the costs of care and support in a care home or supported living accommodation, as the case may be, and that the adult must pay those costs as and when they fall due; (i) a term which explains that, subject to regulation 5(3), the maximum amount which may be deferred is the equity limit in regulation 5(5), and that this is likely to vary over the term of the agreement; (j) a term which describes the adequate security accepted by the local authority; (k) a term requiring the adult to obtain the consent of the local authority for any person to occupy the property; and (l) a term to explain how the adult may exercise his or her right to terminate the agreement. (2) The deferred payment agreement may include such other terms and conditions as the local authority considers appropriate.
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