Discretionary disregard and Deferred Payment Agreement

Hi folks,

I have a mother with dementia. She’s currently living in the family home she owns being looked after by my 2 brothers. They are aged 54 & 56 so not in scope of mandatory disregard. Does anyone have a view on the following?

  1. If she needs to go into care I’m wondering is there any chance of a discretionary disregard of the house. They have lived there their whole lives, paid board and would become homeless?
  2. Can we probe local authority to get their official view before Mum potentially goes into care around this?
  3. If we enter a deferred payment agreement will we have to pay market rate rent?
  4. What happens if we are in a deferred payment agreement and my brother becomes 60 while she is in care. Is the house taken of the table at that point? Then once she passes we will receive a bill up to his 60 birthday and have say 3 months to settle it?


I believe there is a change of disregard, as to enforce a sale would render your brothers homeless.
I would strongly recommend you invest in getting the best possible legal advice from specialists in Community Care Law, NOT the high street lawyer. (I’ve found our local ones don’t know enough).