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Community Care (Residential Accommodation) Act 1998
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- 1998 c. 19
- Section 1
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Changes to legislation:
Community Care (Residential Accommodation) Act 1998, Section 1 is up to date with all changes known to be in force on or before 07 November 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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Changes and effects yet to be applied to Section 1:
- s. 1 repealed by 2001 c. 15 Sch. 6 Pt. 3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)
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.”
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