The Community Care (Deferred Payment of Accommodation Costs) (Scotland) Regulations 2002

Conditions for making deferred payment agreements

2.—(1) A local authority may enter into a deferred payment agreement with a person mentioned in section 6(1) of the Act (deferred payment of accommodation costs) where the conditions set out in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are–

(a) an assessment of the resources of the person carried out in accordance with the Assessment Regulations, without taking into account the value of the person’s residence, has resulted in the person being assessed as having capital at or below the sum first mentioned in regulation 28(1) of the Assessment Regulations (calculation of tariff income);

(b) the person does not wish to, or is unable to, sell their residence;

(c) the standard security to be granted in accordance with section 6(2)(c) of the Act will be a standard security granted in respect of the person’s residence;

(d) the value of the person’s residence is such that the standard security to be granted in accordance with section 6(2)(c) of the Act will secure the local authority’s reasonable estimate of the total amount that will become due to the local authority under the deferred payment agreement when the payment is likely to become due; and

(e) where the person’s residence is subject to one or more standard securities, the person is, in the opinion of the local authority, reasonably able to meet the payments due under that or those securities and the payments due from the person in respect of the cost of the residential accommodation provided or secured, or to be provided or secured, to that person by the local authority.