Health and Social Care Act 2001 (c. 15)

Part 4 U.K. Social Care

Measures to increase availability of Part 3 accommodation U.K.

53 Disregarding of resources when determining need for residential accommodation E+W

In section 21 of the 1948 Act (duties of local authorities to provide accommodation), for subsections (2A) and (2B) there shall be substituted—

“(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 resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B) In subsection (2A) of this section the reference to a person’s resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection.”

Commencement Information

I1 S. 53 partly in force; s. 53 not in force at Royal Assent see s. 70(2); s. 53 in force for E. at 1.10.2001 by S.I. 2001/3167, arts. 1(3), 2, Sch.