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Health And Social Services And Social Security Adjudications Act 1983, Section 17 is up to date with all changes known to be in force on or before 02 September 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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(1)Subject to subsection (3) below, an authority [F1in England] providing a service to which this section applies may recover such charge (if any) for it as they consider reasonable.
(2)This section applies to services provided under the following enactments—
(a)section 29 of the M1National Assistance Act 1948 (welfare arrangements for blind, deaf, dumb and crippled persons etc.);
(b)section 45(1) of the M2Health Services and Public Health Act 1968 (welfare of old people);
(c)[F2Schedule 20 to the National Health Service Act 2006 F3...] (care of mothers and young children, prevention of illness and care and aftercare and home help and laundry facilities);
(d)section 8 of the M3Residential Homes Act 1980 (meals and recreation for old people); and
(e)paragraph 1 of Part II of Schedule 9 to this Act
[F4(f)section 2 of the Carers and Disabled Children Act 2000]
[F5other than the provision of services for which payment may be required under section 22 or 26 of the National Assistance Act 1948].
[F6(2A)Subject to subsection (3) below, an authority in Wales providing a service under section 2 of the Carers and Disabled Children Act 2000 in the form of residential care may recover such charge (if any) for it as they consider reasonable.]
(3)If a person—
(a)avails himself of a service to which this section applies, and
(b)satisfies the authority providing the service that his means are insufficient for it to be reasonably practicable for him to pay for the service the amount which he would otherwise be obliged to pay for it,
the authority shall not require him to pay more for it than it appears to them that it is reasonably practicable for him to pay.
(4)Any charge under this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
[F7(5)This section has effect subject to any regulations under section 15 of the Community Care (Delayed Discharges etc.) Act 2003 (power to require certain community care services and services for carers to be free of charge).]
Textual Amendments
F1Words in s. 17(1) inserted (E.W.) (18.3.2011) by Social Care Charges (Wales) Measure 2010 (nawm 2), ss. 14(2), 18(3); S.I. 2011/849, art. 2, Sch.
F2Words in s. 17(2)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 72 (with Sch. 3 Pt. 1)
F3Words in s. 17(2)(c) omitted (E.W.) (18.3.2011) by virtue of Social Care Charges (Wales) Measure 2010 (nawm 2), ss. 14(3), 18(3); S.I. 2011/849, art. 2, Sch.
F4S. 17(2)(f) inserted (1.4.2001 for E. and 1.7.2001 for W.) by 2000 c. 16, s. 8; S.I. 2001/510, art. 2, Sch.; S.I. 2001/2196, art. 2, Sch.
F5Words in S. 17(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 25(1); S.I. 1992/2975, art. 2(2), Sch.
F6S. 17(2A) inserted (18.3.2011) by Social Care Charges (Wales) Measure 2010 (nawm 2), ss. 14(4), 18(3); S.I. 2011/849, art. 2, Sch.
F7S. 17(5) inserted (8.4.2003) by Community Care (Delayed Discharges etc.) Act 2003 (c. 5), ss. 17(3), 20(2)
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