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Provides background for fairness and lawfulness considerations, lists drafting assumptions about security, administration costs, interest charging, and borrower income contribution, and instructs how to customise and amend sections. Includes guidance on color-coded provisions, footnotes for understanding, automatic cross-referencing updates, and deletion of notes before sharing.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/deferred-payments-sample-legal-agreement-last-revised-april-2015/175727/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/deferred-payments-sample-legal-agreement-last-revised-april-2015/175727.png","ImageObject",442,249,{"name":88,"@type":89},"Theodora","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/vnd.openxmlformats-officedocument.wordprocessingml.document","2026-10-19","2026-09-02",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",8,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What is the purpose of this deferred payment sample agreement?","Question",{"text":109,"@type":110},"It is an illustrative legal agreement local authorities may use in part or full when formulating their own deferred payment agreements, with legal advice and customisation.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What assumptions does the sample agreement rely on?",{"text":114,"@type":110},"It assumes the security is real property owned and occupied by the borrower as their only home, that the authority charges administration costs, interest is charged to match funding costs, and the borrower contributes weekly income after the disposable income allowance of £144.",{"name":116,"@type":107,"acceptedAnswer":117},"How should local authorities handle the color-coded sections and footnotes?",{"text":118,"@type":110},"Blue sections are to be completed with borrower personal details, green sections cover discretionary policy elements, and red sections (if used) require selecting between optional word sets. 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Whilst developing the policy , we have also engaged with the Consumer Markets Authority’s ‘unfair contract terms’ team to seek advice; and whilst neither organisation provides positive affirmation of the legality of any contract as a matter of principle, we have sought to give effect to their comments with a view to making the agreement’s provisions fair and reasonable.\nThe agreement is provided as an illustrative aid for local authorities, which they may want to use in part or full when formulating their own agreements, and local authorities must engage with (and rely on advice provided by) their own legal teams when deciding whether to use part or all of this agreement and when preparing and finalising their agreements. The agreement will need customising and amending to reflect each authority’s specific policies about deferred payments and their requirements. Local authorities retain ultimate legal responsibility for any agreements they enter into and should satisfy themselves as to whether it is fit for purpose and appropriate for their needs. They must also remember that it is not just the words of an agreement which are relevant to the question of fairness but their entire conduct.\nThe agreement is prepared on the basis that the deferred payment agreement is one which the local authority enters into because it is required to do so (under regulation 2 of the Care and Support (Deferred Payment) Regulations 2014); although it also contains provisions for cases where the local authority has also agreed to defer additional  costs on top of the costs of care and support provision which the local authority considers to be necessary to meet the adult’s needs (often referred to as “top ups”).This version has been prepared to reflect the case where a local authority contracts with a care home and is deferring charging fees.\nIt assumes that the security for the agreement is real property which is owned and occupied only by the borrower as the borrower’s only home, that the local authority will charge administration costs, that interest will be charged at a rate which is equal to (and not less than) the costs of funding the loan and that the borrower will be required to contribute all their weekly income (except the disposable income allowance of £144) towards the cost of care.\nThroughout this  agreement, we have formatted particular sections which will require consideration and amendment with different colours:\nsections formatted in blue require filling in (for example the borrower’s personal details);\nsections formatted in green identify provisions concerning some of the discretionary elements of the policy, and so reflect matters which the authority may decide not to include - including provisions which it would not use if the agreement is one to which the above assumptions do not apply (for example in cases where the authority does not require the borrower to contribute from income, sections 2.6 to 2.8 would be omitted); and finally\nsections formatted in red (if used) would require a choice from two or more sets of optional words.\nThere are also a number of footnotes which are to aid local authorities in understanding the agreement, which should be deleted before the contract is shared with individuals.\nThe numbering (and cross-referencing within the agreement) should automatically update to reflect any changes or movements, though authorities are advised to check and confirm this prior to finalising their agreements.\nLast revised April 2015\nCARE ACT 2014\nSAMPLE DEFERRED PAYMENT AGREEMENT\n[INS","cbCaimL5xTq7lJCf","https://ap.wps.com/l/cbCaimL5xTq7lJCf","docx",63412,"English","# SAMPLE DEFERRED PAYMENT AGREEMENT\n## Background and use by local authorities\n## Assumptions and drafting instructions\n## Interpretation\n## Definitions (Accommodation, Agreement, Care Charges)","[{\"question\":\"What is the purpose of this deferred payment sample agreement?\",\"answer\":\"It is an illustrative legal agreement local authorities may use in part or full when formulating their own deferred payment agreements, with legal advice and customisation.\"},{\"question\":\"What assumptions does the sample agreement rely on?\",\"answer\":\"It assumes the security is real property owned and occupied by the borrower as their only home, that the authority charges administration costs, interest is charged to match funding costs, and the borrower contributes weekly income after the disposable income allowance of £144.\"},{\"question\":\"How should local authorities handle the color-coded sections and footnotes?\",\"answer\":\"Blue sections are to be completed with borrower personal details, green sections cover discretionary policy elements, and red sections (if used) require selecting between optional word sets. Numbered footnotes should be deleted before sharing the contract.\"}]","Deferred payments - sample legal agreement - Last revised April 2015 | DOCX",1788321601,6]