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Community Care (Residential Accommodation) Act 1998
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Community Care (Residential Accommodation) Act 1998 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- s. 1 repealed by 2001 c. 15 Sch. 6 Pt. 3
- s. 3(2) repealed by 2001 c. 15 Sch. 6 Pt. 3
Commencement Orders yet to be applied to the Community Care (Residential Accommodation) Act 1998
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/53 art. 2-4 commences (2001 c. 15)
Community Care (Residential Accommodation) Act 1998
1998 CHAPTER 19
An Act to restrict the amount of a person’s capital which may be taken into account by a local authority in determining whether he should be provided with residential accommodation that would be, or would be treated as, provided under Part III of the National Assistance Act 1948.
[11th June 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Restriction on capital taken into account when determining need for residential accommodation.E+W
In section 21 of the M1National Assistance Act 1948 (duty of local authorities to provide residential accommodation for elderly persons etc. in need of care and attention), after subsection (2) there shall be inserted—
“(2A)In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person’s capital as does not exceed the capital limit for the purposes of section 22 of this Act.
(2B)For the purposes of subsection (2A) of this section—
(a)a person’s capital shall be calculated in accordance with assessment regulations in the same way as if he were a person for whom accommodation is proposed to be provided as mentioned in subsection (3) of section 22 of this Act and whose ability to pay for the accommodation falls to be assessed for the purposes of that subsection; and
(b)“the capital limit for the purposes of section 22 of this Act” means the amount for the time being prescribed in assessment regulations as the amount which a resident’s capital (calculated in accordance with such regulations) must not exceed if he is to be assessed as unable to pay for his accommodation at the standard rate;
and in this subsection “assessment regulations” means regulations made for the purposes of section 22(5) of this Act.”
Marginal Citations
2 Restriction on capital taken into account when determining need for residential accommodation: Scotland.S
In section 12 of the M2Social Work (Scotland) Act 1968 (general social welfare services), after subsection (3) there shall be inserted—
“(3A)In determining for the purposes of this section whether to provide assistance by way of residential accommodation to a person, a local authority shall disregard so much of the person’s capital as does not exceed the capital limit for the purposes of section 22 of the M3National Assistance Act 1948.
(3B)For the purposes of subsection (3A) of this section—
(a)a person’s capital shall be calculated in accordance with assessment regulations in the same way as if he were a person for whom accommodation is proposed to be provided under this Act and whose ability to pay falls to be assessed for the purposes of section 22(3) of the National Assistance Act 1948; and
(b)“the capital limit for the purposes of section 22 of the National Assistance Act 1948” means the amount for the time being prescribed in assessment regulations as the amount which a resident’s capital (calculated in accordance with such regulations) must not exceed if he is to be assessed as unable to pay for his accommodation at the standard rate;
and in this subsection “assessment regulations” means regulations made for the purposes of section 22(5) of the National Assistance Act 1948 or section 87(5) of this Act.”
3 Short title, commencement, and extent.E+W+S
(1)This Act may be cited as the Community Care (Residential Accommodation) Act 1998.
(2)This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
(3)Section 1 extends to England and Wales only.
(4)Section 2 extends to Scotland only.
(5)This section extends to England and Wales and Scotland.
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