The Preserved Rights (Transfer of Responsibilities to Local Authorities) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under Part 4 of the Health and Social Care Act 2001 (“the 2001 Act”) and extend to England only.

Regulation 2 provides exceptions to the duties imposed by sections 50(3) to (7) of the 2001 Act on certain authorities to ensure the provision of community care services for people who were preserved rights cases before the appointed day. The exceptions are cases where a person, in respect of the day before the appointed day, is not entitled to income support, or is so entitled but not at the preserved rights rate, or is being provided with after-care services under section 117 of the Mental Health Act 1983.

Regulation 3 provides for the amount that can be recovered where, under section 50(6) of the 2001 Act, certain authorities are responsible for payments under arrangements which existed before the appointed day (“the existing arrangements”) and which continue until community care services are provided. The amount provided for is the same as the amount which could be recovered under section 22 of the National Assistance Act 1948 (“the 1948 Act”), and the National Assistance (Assessment of Resources) Regulations 1992 (S.I. 1992/2977), if the existing arrangements were the provision of accommodation by the authority under Part 3 of the 1948 Act and the standard rate fixed for the accommodation were the payment made by the authority for the existing arrangements.

Regulation 4 makes provision for the circumstances in which a person is to be treated as ordinarily resident for the purposes of section 50 of the 2001 Act.

These Regulations do not impose a charge on business.