Author and Publication
Author: Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by: Kerry Slater, Director of Operations
Last reviewed: 20 July 2026
Citation
1. Department of Health and Social Care (2022) National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. Available at: https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care
2. Care Act 2014, c. 23. Available at: https://www.legislation.gov.uk/ukpga/2014/23/contents
3. Department of Health and Social Care. Care and support statutory guidance. Available at: https://www.gov.uk/government/publications/care-act-statutory-guidance
4. The Care and Support (Charging and Assessment of Resources) Regulations 2014, SI 2014/2672.
Copywright
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This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Abstract
This guide explains the twelve week property disregard in local authority care fee assessments. It covers when the disregard applies, what it does, the conditions attached, what happens at the end of the period, how it interacts with deferred payment agreements, and why establishing the NHS Continuing Healthcare position first can make the question irrelevant.
The 12-week property disregard explained
The twelve week property disregard exists to stop a house being sold in a hurry. It buys time to make decisions rather than removing the question, and it applies only in specific circumstances.
What it does
Where a person moves permanently into a care home and their former home would otherwise be counted as capital in the local authority financial assessment, the value of the property must be disregarded for the first twelve weeks of the permanent placement. During that period the local authority assesses the person on their other capital and income.
When it applies
It applies on a permanent admission to a care home, where the property would otherwise be taken into account, and where the person's other capital falls below the relevant threshold. It does not apply to a temporary stay, and it does not apply where one of the property disregards already protects the home, for example because a spouse or qualifying relative lives there.
It is automatic, not requested
Where the conditions are met the disregard applies, rather than being something the person must claim. In practice it is not always applied correctly, particularly where the permanence of the admission is unclear at the outset. If you believe it should have applied and has not, raise it with the local authority in writing.
What happens at the end
After the twelve weeks the property is taken into account unless another disregard applies. At that point the person may be assessed as able to meet the full cost. The purpose of the period is to allow decisions to be made, whether that is selling, letting, arranging a deferred payment or resolving whether NHS funding applies.
Interaction with deferred payments
Many people use the twelve weeks to arrange a deferred payment agreement, under which the local authority meets the cost and recovers it later from the property. That avoids a rushed sale but is a loan arrangement with interest and fees. Independent financial advice is genuinely important before entering one.
Establish the CHC position first
The disregard is a local authority charging matter. If the person is eligible for NHS Continuing Healthcare there is no financial assessment at all and the property question does not arise. Requesting a Checklist during those twelve weeks is one of the most useful things a family can do with the time.
Key takeaway
The disregard protects the property value for the first twelve weeks of a permanent care home admission where it would otherwise be counted. Use the period to establish whether NHS Continuing Healthcare applies, and take independent financial advice before committing to a deferred payment.
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Frequently asked questions
Do we have to apply for the disregard?
No. Where the conditions are met it applies automatically. If you believe it should have applied and has not, raise it with the local authority in writing, particularly where the permanence of the admission was unclear at first.
Does it apply to care at home?
No. It relates to a permanent admission to a care home, where the property would otherwise be counted. A property the person lives in is not treated as capital while they receive care at home.
What happens after twelve weeks?
The property is taken into account unless another disregard applies, and the person may be assessed as able to meet the full cost. The period exists to allow decisions to be made rather than to defer them indefinitely.
Related NHS Continuing Healthcare pages
These links take you to the most relevant Nellie Supports service page and to the supporting guides that explain the surrounding process.
Speak to an independent CHC specialist
Nellie Supports prepares independent needs evidence for NHS Continuing Healthcare assessments, reviews and appeals across England and Wales. Our reports are written by registered social workers on a permanent employed team, with internal peer review before release. Call 0333 987 5118 or send an enquiry and we will talk through where you are in the process.