The short version
- The main home is treated differently for home care and permanent care home care.
- Who occupies the property and their circumstances can affect the assessment.
- A property disregard does not necessarily make all care free.
- Deferred payment means a debt is repaid later, not that fees are cancelled.
On this page (10 sections)
You do not automatically have to sell your home to pay for care. In England, the value of your main home is excluded from the council assessment for care provided at home. It may be included for permanent care home care, but property disregards can apply, including where a qualifying person continues to live there. A deferred payment agreement may help eligible people postpone using property value.
Start with the kind of care being arranged#
The NHS financial assessment guide explains that the value of the main home is not included when care is provided at home. For a permanent care home placement, its value may be relevant. Other property, savings and income may still need to be considered, so excluding the main home does not mean there is no financial assessment.
A temporary care home stay requires its own consideration. The statutory rules include disregarding the main home where the person intends to return and it remains available, or in certain circumstances where they are arranging a more suitable home to return to. Ask the council to confirm how the stay is classified and why.
Record the date a temporary arrangement becomes permanent if that happens. Do not rely only on the provider's description of a booking. The assessed situation and applicable rules matter. Our comparison of care at home and a care home can help with the care decision, while this guide concentrates on the property questions that follow.
Tell the council exactly who lives in the property#
For permanent care home care, the main home may have to be disregarded where a qualifying person continues to occupy it as their main or only home. The statutory guidance, Annex B includes a partner, with specified relationship qualifications, certain relatives aged 60 or over, the resident's child aged under 18, and certain relatives who are incapacitated.
The rules have conditions, including the relationship, occupation and relevant timing. “A relative lives there” is not enough to establish the result. Tell the council who occupies the property, their relationship to the person receiving care, their age where relevant and how long it has been their main home. Ask what evidence is needed for any disability or incapacity related condition.
A council can consider a discretionary disregard in other circumstances. Ask for the facts to be considered where the position does not fit a straightforward category. Do not assume occasional stays, an emotional attachment or a later change of address automatically establish protection. Request the written decision and its reasons.
Prepare a property fact file before discussing payment options#
This record helps separate facts from assumptions. It does not calculate eligibility or tell the council how to value an interest in property.
| Information | What to collect | Question it helps resolve |
|---|---|---|
| Care arrangement | Home care, temporary stay or permanent placement, with dates. | Which property treatment applies? |
| Ownership | Owners, shares where known and relevant documents. | What interest does the person actually own? |
| Occupiers | Names, relationships and when it became their main home. | Could a mandatory or discretionary disregard apply? |
| Secured borrowing | Mortgage or other registered charges. | What needs to be considered in valuation or security? |
| Other resources | Income, savings and other assets requested by the council. | How are current costs and any contribution assessed? |
| Authority to act | Who owns the property and who can make relevant decisions. | Who can provide instructions and sign an agreement? |
Share financial documents through the council's stated secure process. Ask for clarification if the assessment appears to count the whole property when the person owns only an interest in it.
What the 12 week property disregard does and does not do#
In qualifying circumstances, a 12 week property disregard gives time to consider how care will be funded without counting the main home's value for that initial period. It is subject to rules and is not a fresh automatic allowance every time someone changes home or runs down savings.
The resident can still have an assessed contribution from income and other resources. The phrase does not mean twelve weeks of completely free care. Ask the council whether the disregard applies, its start and end dates, the contribution during that period and the arrangement afterwards.
The statutory guidance sets out the national provisions. Council information, such as East Sussex's April 2026 property factsheet, illustrates the practical assessment and payment questions, but your own council must explain the decision for your circumstances. Use the period to obtain advice and confirm a plan rather than waiting until the final week to raise the next funding step.
Understand a deferred payment agreement as borrowing#
A deferred payment agreement can allow an eligible person to postpone paying some care costs from property value. The council meets agreed costs and the amount is repaid later, commonly when the property is sold or from the estate. It is not a grant and it does not erase the care bill.
Eligibility, sufficient security, the available equity and the terms all matter. Interest and administration charges can apply. MoneyHelper's deferred payment guide explains the arrangement and the questions to ask. Request a written illustration of the amount deferred, any ongoing contribution, charges, interest, repayment events and limits.
Ask what happens if fees rise or the available equity reduces. Confirm responsibilities for insuring and maintaining the property. If renting it out is being considered, obtain advice about the obligations and how rental income affects the arrangement. Do not compare options using the headline care fee alone while leaving property costs and administration out of the calculation.
Get the assessment decision before choosing a financial route#
Ask the council to show whether the property is included, the value or interest being assessed, any disregard considered and the resulting contribution. If the decision seems wrong, ask for an explanation and the review or complaints route. A clear written decision gives an adviser something concrete to examine.
Then consider the payment options with appropriate independent financial or legal advice. Selling, deferring or retaining a property can have different costs and consequences. The right arrangement depends on ownership, other resources, occupants and the person's wishes. This guide cannot determine the best financial product or property transaction for an individual.
Check who has authority to make decisions and sign documents. Being next of kin does not by itself establish authority to sell another person's property or borrow against it. If that is unclear, address it before a sale or loan agreement is arranged. Our care funding guide explains how the wider assessment route fits together.
Avoid decisions based on protecting an inheritance#
Giving property or money away is not a reliable way to make care free. Councils can consider deliberate deprivation of assets and may treat a person as still possessing an asset in relevant circumstances. The NHS means test guidance explains this risk. Obtain advice about a proposed transfer and be open about relevant transactions in the assessment.
Keep the person's care, housing and lawful financial interests at the centre of the discussion. Family preferences about inheritance do not decide whether an occupied property qualifies for a disregard or whether a payment agreement is suitable. Avoid making irreversible choices in response to a general claim that “the council takes the house”.
If liquid savings are reducing while the property decision is unresolved, contact the council early. Our guide to running out of money for care helps organise that conversation. Where someone proposes an additional payment for a preferred placement, read the separate top up fees guide before agreeing who will pay.
Property and care funding checklist#
- Confirm whether care is at home, temporary or permanent.
- Collect ownership and secured borrowing information.
- Record who lives there and the relevant circumstances.
- Ask which property disregards were considered.
- Request the written valuation and contribution decision.
- Confirm any 12 week period and what follows it.
- Ask for deferred payment costs and repayment terms.
- Check authority to act and obtain appropriate advice.
Common questions#
Will my home count if I receive care in it?
The value of your main home is excluded from the council financial assessment for care provided at home. Income, savings and other assets can still be relevant. Ask the council for a written calculation rather than assuming that excluding the property makes the care free.
What if my partner still lives at home?
A partner remaining in the property can bring it within a mandatory disregard, subject to the applicable relationship and occupation conditions. Tell the council the facts and request confirmation. Do not assume the same rule applies to every person who sometimes stays at the address.
Is a jointly owned house automatically ignored?
No. Joint ownership and a property disregard are different questions. The council needs to consider the person's actual interest and whether any disregard applies. Ask how ownership, valuation and existing borrowing have been treated, and seek advice if the calculation is disputed.
Does the 12 week disregard mean free care?
No. If it applies, the property's value is temporarily left out of the assessment, but the resident may still contribute from income and other resources. Confirm the dates, contribution and arrangement after the period ends.
Can I defer fees instead of selling immediately?
A deferred payment agreement may be available if the criteria and security requirements are met. Ask the council about eligibility, the amount that can be deferred, charges, interest and repayment. It is a debt to be repaid, not a guarantee that every fee can be postponed.
Should I transfer the property to family before care is needed?
Do not use a general care guide as advice to transfer property. Deprivation of assets rules may be relevant, and the transaction can have wider legal and financial consequences. Seek appropriate advice and explain the actual circumstances to the council.
Sources#
- NHS: financial assessment, opens a new tab
- GOV.UK: Care and support statutory guidance, opens a new tab
- NHS: paying for your own care, opens a new tab
- MoneyHelper: deferred payment agreements, opens a new tab
- East Sussex County Council: care when you own a property, opens a new tab
- GOV.UK: social care charging, 2026 to 2027, opens a new tab