When deferral of further care costs must or may cease

19.1    No further care costs will be deferred under an active deferred payment agreement when:  

• This will cause the equity limit to be exceeded (see  section 12 Equity limit). While care costs cannot continue to be deferred once the equity limit is reached, interest and administrative fees and charges will continue to be added to the deferred amount until full repayment is received by the council 
  
  
• The adult is no longer receiving care in a care home or such other care as agreed in the deferred payment agreement
  
  
• The council no longer considers it appropriate that the adult’s needs be met in a care home or such other care as agreed in the deferred payment agreement  

19.2    The council may decide not to defer care costs in other circumstances, for example:  

• When the adult’s assets fall to a level where the adult becomes eligible for council support with care costs
   
• When the adult is no longer eligible for care in a care home or such other care as agreed in the deferred payment agreement
  
  
• If the terms and conditions of the deferred payment agreement have been breached and attempts to resolve the matter have been unsuccessful
  
  
• If the value of the property becomes disregarded where this means that the adult becomes eligible for local authority support
  
  
• When the adult’s weekly income in any week during which the deferred payment agreement is in force exceeds the disposable income allowance set by the Department of Health and Social Care 
  
  
• When the adult’s capital assets excluding their home is more than the upper capital limit  set by the Department of Health and Social Care 

19.3    The council will provide a minimum of 30 days’ advance notice that further deferrals will cease; and provide an indication of how the adult’s care costs will need to be met in future. Depending on their circumstances, the adult may either receive local authority support in meeting the costs of their care, or may be required to meet their costs from their income and assets. 

19.4    When the deferral of care costs cease and if the actual cost of care is in excess of the amount required to meet the individual’s assessed needs the adult may be required to move to alternative accommodation where this would be suitable to meet their needs and be affordable within their personal budget.