Mental Health Act 1983

[F1 117A After-care: preference for particular accommodation E+W

(1) The Secretary of State may by regulations provide that where—

(a) the local social services authority under section 117 is, in discharging its duty under subsection (2) of that section, providing or arranging for the provision of accommodation for the person concerned;

(b) the person concerned expresses a preference for particular accommodation; and

(c) any prescribed conditions are met,

the local social services authority must provide or arrange for the provision of the person's preferred accommodation.

(2) Regulations under this section may provide for the person concerned, or a person of a prescribed description, to pay for some or all of the additional cost in prescribed cases.

(3) In subsection (2), “ additional cost ” means the cost of providing or arranging for the provision of the person's preferred accommodation less the amount that the local social services authority would expect to be the usual cost of providing or arranging for the provision of accommodation of that kind.

(4) The power to make regulations under this section—

(a) is exercisable only in relation to local social services authorities in England;

(b) includes power to make different provision for different cases or areas.]

Textual Amendments

F1 S. 117A inserted (1.10.2014 for specified purposes, otherwise 1.4.2015) by Care Act 2014 (c. 23), ss. 75(6), 127(1); S.I. 2014/2473, art. 2(1)(u); S.I. 2015/993, art. 7(1)(b) (with transitional provisions in S.I. 2015/995)