Clause 54 - Power for local authorities to take charges on land instead of contributions
Health and Social Care Bill
9:30 pm
Mr Paul Burstow (Sutton and Cheam, Liberal Democrat)
I am grateful for that comment, because it brings me to one of the matters that I wanted to raise. There is a time limit of 28 days after the period for which no payment is due. I hope that the Minister will respond to the concern that 28 days is not an adequate period in which a property might be disposed of and that interest will consequently kick in and accrue quickly. For that reason in particular, one could argue that aspects of the way in which the measure is being implemented warrant a financial adviser giving a person independent financial advice about the arrangements that pertain under the clause.
We want to clarify whether the Government have any intention of facilitating the provision of independent financial advice on such decisions at the relevant stage in a person's life. It will be helpful if the Minister describes what guidance will be issued to local authorities on how to assess the amount of a deferred payment when it falls due, because there are concerns about precisely what that will mean in practice. Again, a financial adviser might ensure that, when taking a decision about whether deferred payment is the right course of action, a person can take into account the guidance that I assume will be issued by the Department.
Who will pay for the legal charge? Will it be the local authority or the individual, by also attaching that cost to the property? Will it be paid for in another way? Those questions arise from the clause and it would be helpful if the Minister gave us some information about them.