Cofnod Datgeliadau

Cwestiwn

Please could you provide me with information in respect of how your Authority calls in debts that are secured against a property under the SOCIAL SERVICES AND WELL BEING (WALES) ACT 2014 PART 5 SECTION 71 (“Section 71 Charge) , Deferred Payment Agreements and Unsecured Charges.

In particular please advise of the following:-

1. What is your policy when a Charge cannot be secured against a property at HM Land Registry due to a Form A Restriction or where a Equity Lender requires consent?

2. How long after death of the resident are figures sent to the next of kin/executors of the deceased to inform them that there is a debt in place?

3. When do you start charging interest on:-

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

4. Do you waive interest for early payment – i.e. before Probate is obtained to sell the property? If yes, what is your waiver period?

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

5. Are there any timescales enforced in which the debt needs to paid?

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

6. What happens if the debt is not paid within the timescale?

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

7. If you have any policies in respect of the debt recovery for these types of charges please provide a copy or a link to where the information is stored for the public.

Ateb

1. What is your policy when a Charge cannot be secured against a property at HM Land Registry due to a Form A Restriction or where a Equity Lender requires consent? The value of the property is still taken into account in the FA and same processes followed ( 6 monthly statements provided to client / family of accrued charges and invoice raised when placements ends)

2. How long after death of the resident are figures sent to the next of kin/executors of the deceased to inform them that there is a debt in place? This is done every 6 months from start of the placement and invoice raised upon sale / end of placement / Upon Death or at family request

3. When do you start charging interest on:- Interest not charged

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

4. Do you waive interest for early payment – i.e. before Probate is obtained to sell the property? If yes, what is your waiver period? Interest not charged

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

5. Are there any timescales enforced in which the debt needs to paid?

• when the property is sold - payment is due immediately

• if you terminate the agreement - payment is due immediately

• from your estate - 90 days after the date of death

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

6. What happens if the debt is not paid within the timescale? Corporate debt policy enforced however we would take account of where the property is up for sale but not yet sold etc

a) Deferred Payment Agreement Charge?

b) Section 71 Charge?

c) Unsecured Charge?

7. If you have any policies in respect of the debt recovery for these types of charges please provide a copy or a link to where the information is stored for the public.