The 12-Week Property Disregard Explained

The 12-week property disregard is a legal protection that applies at the start of a permanent care home placement. For the first 12 weeks, your council is not allowed to include the value of your home when assessing what you should pay towards care fees. Your property, for that window of time, simply doesn’t count.

It exists to take the immediate pressure off. Selling a family home is a significant undertaking, legally, practically and emotionally. The disregard gives families breathing space to make considered decisions rather than rushed ones.

But the window is finite, the rules are specific, and what you do during those 12 weeks can have a lasting effect on how care is funded afterwards. This guide explains everything you need to know.

What Is the 12-Week Property Disregard?

Under the Care Act 2014, local councils in England must disregard the value of a person’s former home when carrying out a financial assessment for care home fees, for the first 12 weeks of a permanent placement.

During this period, the council assesses what you can contribute based only on your income and other capital, such as savings and investments. The property is left out of the calculation entirely.

This isn’t a discretionary decision that councils can choose to apply or withhold. It’s a mandatory legal requirement. Every council in England must apply it when the conditions are met.

Why Does It Exist?

Care placements often happen quickly, sometimes following a hospital admission, a fall, or a sudden deterioration. The decision to move into a care home permanently is already one of the most significant a family will face. Adding an immediate obligation to sell a home on top of that is, in most cases, neither practical nor humane.

The disregard was designed to create a protected period: time for the dust to settle, for families to take proper legal and financial advice, and for longer-term funding arrangements to be put in place.

When Does the 12-Week Clock Start?

This is one of the most commonly misunderstood points, and getting it wrong can cost families money.

The clock starts when the placement is formally agreed as permanent, not necessarily on the date the person first moves in.

Many care placements begin as temporary or trial stays and are later converted to permanent. In those cases, the 12-week disregard doesn’t begin until the permanent decision is made and recorded. The weeks spent in a temporary placement don’t count.

This matters particularly for families where a loved one has been in a care home for some weeks on a temporary basis. As soon as the decision is made to stay permanently, the disregard begins. Make sure the council records this formally and that you know the official start date.

What Do You Still Pay During the 12 Weeks?

The disregard protects your property. It doesn’t mean care is free.

During the 12-week window, you’re still assessed on everything else. That means your income, which includes state pension, private pension and any rental income, and your other capital, such as savings and investments, all still count in full.

The standard capital thresholds apply: above £23,250 in savings and you’re expected to pay full fees from that capital; between £14,250 and £23,250 and a tariff income is applied; below £14,250 and capital is ignored. We explain these thresholds in more detail in our guide to care home costs.

For many families, this means that during the 12 weeks the person entering care is contributing from their pension and savings, but not from the house. Once the window closes, if the property hasn’t been sold and no other arrangement is in place, it joins the assessment.

One thing worth doing during this period: check whether Attendance Allowance is being claimed. It isn’t means-tested, it isn’t affected by the property disregard, and many families miss it entirely. At the higher rate it’s worth £114.60 per week as of April 2026.

Which Property Qualifies?

The disregard applies to a property that was the person’s main or only home immediately before they moved into the care home. A second property, holiday home or buy-to-let would not qualify.

The property must also not already be subject to another mandatory disregard. If a spouse, civil partner or qualifying relative is still living in the property, for example, the home is disregarded on those grounds and the 12-week rule doesn’t need to apply separately.

If the property is jointly owned, the relevant share of the property value is what gets disregarded. A jointly owned home isn’t treated as fully disregarded simply because one owner has moved into care.

Can the Disregard Apply More Than Once?

In some circumstances, yes.

Under national statutory guidance, a second mandatory 12-week disregard is triggered if a property was previously being disregarded on different grounds, such as a spouse living there, and that disregard ends unexpectedly. If the spouse dies or moves into care themselves, the property can no longer be disregarded on those grounds. At that point, the 12-week property disregard kicks in afresh, giving families time to adjust.

Beyond that nationally-mandated scenario, some local councils apply additional flexibility. For example, some councils will apply a new disregard if a person leaves a care home and later returns, depending on how much time has passed.

Rules in this area can vary between local authorities. The best approach is always to ask your council directly what applies in your specific circumstances. Don’t assume that what applies in one area applies in another. Rules, procedures and any discretionary policies can differ, so contacting your local adult social care team is essential.

Former Self-Funders: A Critical Timing Point

If someone has been funding their own care privately and approaches the council for financial support for the first time, the disregard only applies if they’ve been in their current placement for fewer than 12 weeks.

If 12 weeks have already passed since the permanent placement began, the disregard has gone. The council will carry out a full financial assessment from that point, which will include the property.

This catches many families by surprise. A person who entered care as a self-funder, and whose savings have since depleted to below £23,250, may be approaching the council for the first time. If more than 12 weeks have passed, there is no protected window. The financial assessment includes the property from day one of council involvement.

If you think a loved one is approaching the point where they may need council support, don’t wait. Contact the council early, while the disregard may still be available.

What If the Property Sells During the 12 Weeks?

The disregard ends on the date the property sale completes, even if that falls within the 12-week window.

From that point, the proceeds of the sale count as capital and are included in the financial assessment in full. If the net proceeds take total capital above £23,250, the person will be expected to contribute the full cost of their care.

There’s no benefit to rushing a sale during the 12 weeks. The disregard is there specifically to give families time. If a sale can be completed quickly and that’s the right decision, then fine. But selling quickly just to ‘get it over with’ doesn’t give any financial advantage and loses the protected period entirely.

Top-Ups During the 12-Week Window

Local authorities will often agree to fund the full fees at a quality care home directly, including premium providers. A top-up is only required when there is a specific gap between what the council agrees to fund and what the home charges. If a top-up is needed, it can be paid during the 12-week window from the person’s own income or savings. It cannot be funded from the value of the property while the disregard is in place, because the property is excluded from the assessment entirely during this period.

A third party, such as a family member, can also pay the top-up. The council must be involved in any top-up arrangement and it needs to be formally agreed.

Use the Window Wisely: The DPA Connection

The 12-week disregard and the Deferred Payment Agreement are designed to work together. The disregard buys time. The DPA is one of the options you can put in place during that time.

A Deferred Payment Agreement is a council-backed arrangement that lets you delay paying care fees by securing the debt against the property. If a DPA is the right route, it needs to be set up before the disregard ends, so that there’s no gap in funding when the 12 weeks are up. The council is required to have a DPA in place within those 12 weeks if you’ve applied and meet the criteria.

Other options to consider and take advice on during the window include selling the property outright, renting it out to generate income towards fees, equity release, or an immediate needs annuity. None of these decisions should be rushed, and none should be made without independent financial and legal advice.

The 12-week window isn’t a deadline to have everything resolved. It’s a deadline to have a plan in place.

What Happens After 12 Weeks?

Once the disregard ends, the property is included in the financial assessment as capital. Its value, minus any mortgage or secured loan, is added to other capital.

If total capital, including the property, is above £23,250, the person is expected to contribute the full cost of their care. If a DPA is in place, the council continues to cover fees and the debt is secured against the property. If no arrangement has been made, the family will need to fund care from the property or another source from that point.

It’s also worth knowing that for some people, the financial picture changes significantly after 12 weeks. If health needs have deteriorated substantially, a full assessment for NHS funding may be worth requesting.

If a full package of care is funded entirely by the NHS under NHS Continuing Healthcare, the property becomes irrelevant to care funding entirely. The NHS covers all costs. It’s a high bar to meet, but for those with complex health needs it’s worth pursuing. Similarly, if the person is in a nursing home, check whether NHS-Funded Nursing Care is being claimed. At £267.68 per week as of April 2026, it won’t cover all fees, but it reduces what needs to be funded from the property.

Frequently Asked Questions

Does the 12-week property disregard apply to everyone going into a care home?

It applies when someone moves into a care home as a permanent resident, the property is their former main home, and it isn’t already being disregarded on other grounds such as a spouse still living there. It doesn’t apply to temporary or respite placements, and it doesn’t apply if the person has been a self-funder for more than 12 weeks before approaching the council.

What counts as the start date of the 12-week disregard?

The clock starts when the placement is formally agreed and recorded as permanent, not necessarily when the person first moved in. If a placement started as temporary and was later converted to permanent, the 12 weeks begin from the date the permanent decision was made. It’s important to confirm this date in writing with your council.

Do we still pay care fees during the 12-week disregard?

Yes. The disregard protects the property, but the financial assessment still applies to income and other capital such as savings. If savings are above £23,250, full fees are expected from those funds. The disregard simply means the home isn’t added to the calculation during those first 12 weeks.

Can the 12-week disregard be applied a second time?

In some circumstances, yes. Under national statutory guidance, a second mandatory disregard applies if a previous disregard ends unexpectedly, for example if a spouse who was living in the property dies or moves into care. Beyond that, some local authorities apply additional flexibility. Rules vary by council, so always ask your local adult social care team directly.

What if the property is jointly owned?

Only the relevant share of the property value is disregarded. For example, if the person entering care owns 50% of the property, that 50% share is excluded during the 12 weeks. The other owner’s share is not affected by the disregard.

Can we set up a Deferred Payment Agreement during the 12-week window?

Yes, and this is exactly when it should be set up. The DPA is designed to pick up where the disregard ends, so there’s no funding gap at week 13. If you apply and meet the criteria, the council is required to have the agreement in place within the 12-week period. Don’t leave it until the final weeks.

What if we decide to sell the property during the 12 weeks?

You can sell at any time, but the disregard ends on the day the sale completes. From that point, the net proceeds count as capital in the financial assessment. There’s no financial advantage to selling quickly within the 12-week window. The disregard is there to give you time, so use it.

What happens if no arrangement is made before the 12 weeks run out?

The property is added to the financial assessment from week 13. If total capital including the property exceeds £23,250, the person is expected to fund their full care costs. The council can’t simply step in and cover fees unless a DPA or other arrangement has been agreed. If you’re approaching the end of the window without a plan, contact the council’s adult social care team immediately.

Sources

Age UK Factsheet 38: Property and paying for residential care (August 2025)

Care Act 2014 and Care and Support Statutory Guidance, Annex B: Treatment of capital

Kent County Council: 12-week property disregard fact sheet

MoneyHelper: Care home fees and your property

Society of Later Life Advisers (SOLLA): Find a Later Life Adviser

The Care Labs: Deferred Payment Agreements Explained

The Care Labs: Care Home Costs UK: A Complete Breakdown

The Care Labs: Attendance Allowance Explained

The Care Labs: NHS Continuing Healthcare Explained

The Care Labs: NHS-Funded Nursing Care Explained

This article is produced by The Care Labs, the free knowledge platform from Boutique Care Homes. It’s intended for general guidance only and doesn’t constitute financial or legal advice. Rules and procedures can vary between local authorities. For advice specific to your situation, please contact your local adult social care team or consult a regulated financial adviser. Information correct as of April 2026.