Issue - meetings

Legal Fees for arranging Adult Social Care deferred payments and discharging legal charges

Meeting: 25/06/2013 - Cabinet (Item 110)

110 Legal Fees for arranging Adult Social Care deferred payment agreements and the discharge of legal charges pdf icon PDF 48 KB

Additional documents:

Decision:

 

1.    That the Council charges £250 for any Deferred Payment Agreement, whether or not the matter proceeds to completion, plus the costs of any Land Registry fees it incurs on each transaction.

 

2.    That the Council recovers legal fees of £125 whenever it discharges a Legal Charge.

 

3.    That the level of these charges be reviewed annually and adjusted appropriately in line with general financial planning and budget setting.

 

Reason for Decisions

 

To ensure that the increased cost of servicing the continuing and growing demand for Deferred Payment Agreements is primarily met by those taking advantage of the scheme.

 

[The decisions on this item may be called in by the Adult Social Care Select Committee]

Minutes:

The Cabinet Member for Adult Social Care referred to a previous report to Cabinet (8 September 2009) detailing the operation of the Deferred Payment Scheme in relation to adults in residential care in Surrey. That report envisaged that the Council may in the future wish to recover the cost of the work it undertakes in relation to Deferred Payment Agreements. After a thorough review of the matter, a charging regime is proposed. Authorisation is also sought to increase the legal fees for discharging Legal Charges (mortgages) placed on properties as security for payment of deferred care costs. He commended the recommendations to Cabinet.

 

The Leader requested that the annual review of the level of charges be undertaken by the Council’s Overview and Scrutiny Committee.

 

RESOLVED:

 

1.    That the Council charges £250 for any Deferred Payment Agreement, whether or not the matter proceeds to completion, plus the costs of any Land Registry fees it incurs on each transaction.

 

2.    That the Council recovers legal fees of £125 whenever it discharges a Legal Charge.

 

3.    That the level of these charges be reviewed annually and adjusted appropriately in line with general financial planning and budget setting.

 

Reason for Decisions

 

To ensure that the increased cost of servicing the continuing and growing demand for Deferred Payment Agreements is primarily met by those taking advantage of the scheme.