SCHEDULES
SCHEDULE 12Local authority care and support
PART 1Powers and duties of local authorities in England
Continuity of care and support when person moves
I112
A local authority does not have to comply with any duties imposed by the following provisions of CA 2014—
a
section 37 (duties of notification, assessment, etc when a person moves);
b
section 38 (case where assessments not complete on day of move).
I213
1
This paragraph applies where—
a
paragraph 12 has had effect for any period (“the emergency period”), and
b
the emergency period has ended.
2
Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5).
3
In subsections (1) and (2)—
a
any reference to notifying a local authority that an adult intends to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved to that area, and
b
where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the condition in subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).
4
In subsection (3)—
a
the reference to notifying a local authority that an adult intends to move out of accommodation but to remain in the authority's area includes, in the case of an adult who moved out of accommodation in the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved out of the accommodation but has remained in that area, and
b
where a local authority is notified that an adult has moved out of accommodation by virtue of paragraph (a), the condition in subsection (3)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).
5
In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted.
6
The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.