The disregard is not a way to avoid care fees
The 12-week property disregard is a timing measure, not a route to sidestep paying for care. It does not remove the home from the assessment for good, and it does not shelter its value once the period ends. Councils can also look at whether someone has deliberately reduced their assets to increase help with care costs, known as deprivation of assets, and where they decide this has happened they may treat the person as still holding those assets (Care and Support Statutory Guidance, gov.uk, as at July 2026, subject to change). Deliberately giving away a home to reduce care fees can therefore be challenged. The lawful way to use this window is to plan how to meet fees, and it can be worth discussing the options with a qualified professional.
The position in Scotland and Northern Ireland
This guide describes the rules in England, set by the Care and Support Statutory Guidance (gov.uk, as at July 2026, subject to change). Care charging is devolved, so Scotland, Wales and Northern Ireland run their own systems with different capital limits and different treatment of the home, including their own approach to any property disregard on entering residential care. If you are arranging care outside England, it can be worth checking the rules that apply in that nation or taking local advice. For the wider picture, see our estate planning guide.
Frequently asked questions
What is the 12-week property disregard?
It is a rule in England that requires a local authority to leave the value of your main home out of the care fees means test for the first 12 weeks of a permanent care home stay, where you meet the conditions (gov.uk, as at July 2026, subject to change). It gives time to plan what to do with the home rather than facing immediate full-cost fees.
Who qualifies for the 12-week property disregard?
Broadly, someone moving permanently into a care home whose home would otherwise count as capital and whose other assessable capital is below the upper capital limit of £23,250 (gov.uk, as at July 2026, subject to change). Where a spouse still lives in the home, its value is usually disregarded separately for as long as they remain there.
What happens to my savings during the 12 weeks?
Your savings and income are still assessed in the normal way during the period; only the home is left out. In England, capital above the upper capital limit of £23,250 generally means paying more, with a lower limit of £14,250 below which capital is left out (gov.uk, as at July 2026, subject to change). So savings can still affect what you pay.
What happens when the 12 weeks end?
The home's value is generally brought back into the means test, and where total assessable capital then exceeds £23,250 the person is usually treated as meeting the full cost (gov.uk, as at July 2026, subject to change). Many people use the window to sell, let, or arrange a deferred payment so fees can be met from the property later.
Can I use the disregard to avoid paying care fees?
No. It only delays when the home counts, and its value returns to the assessment after 12 weeks. Councils can also review whether assets have been given away deliberately to reduce care costs, known as deprivation of assets, and may treat those assets as still held (gov.uk, as at July 2026, subject to change). It can be worth taking advice on limiting the impact of fees lawfully.
Does the 12-week disregard apply across the whole UK?
This 12-week disregard is part of the England rules under the Care and Support Statutory Guidance (gov.uk, as at July 2026, subject to change). Care charging is devolved, so Scotland, Wales and Northern Ireland operate their own systems, with different capital limits and their own treatment of the home. If you are arranging care outside England, it can be worth checking the local rules.
About Fairchild Oldfield
The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.
Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.
Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the rules that apply in England, and other UK nations differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.
