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The Care and Support (Charging and Assessment of Resources) Regulations 2014
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- UK Statutory Instruments
- 2014 No. 2672
- PART 4
- Regulation 17
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 Pt. 1 para. 17A inserted by S.I. 2017/555 reg. 2(b)
- Sch. 2 para. 36 inserted by S.I. 2018/687 reg. 2
- Sch. 2 para. 37 inserted by S.I. 2020/112 reg. 2
- Sch. 2 para. 38 39 inserted by S.I. 2021/717 reg. 2
- Sch. 2 para. 42 inserted by S.I. 2022/1038 reg. 2
- Sch. 2 para. 40 inserted by S.I. 2022/243 reg. 2(5)
- Sch. 2 para. 41 inserted by S.I. 2022/743 reg. 2
- Sch. 2 para. 43 inserted by S.I. 2023/405 reg. 2
Notional incomeE+W
This section has no associated Explanatory Memorandum
17.—(1) The adult is to be treated as possessing income of which the adult has deprived themselves for the purpose of decreasing the amount they may be liable to pay towards the cost of meeting their needs for care and support, or their needs for support.
(2) The adult is to be treated as possessing any income which would be treated as income possessed by a claimant of income support under regulation 42(2) to (4A) of the Income Support Regulations (notional income)(1).
(3) Subject to paragraph (4), the adult is to be treated as possessing any income paid or due to be paid to a local authority by a third party pursuant to an agreement between the local authority and the third party made in connection with the liability of the adult to pay towards the cost of accommodation provided for the adult under the Act.
(4) The adult is not to be treated as possessing any voluntary payment of income made by a third party to a local authority for the purpose of discharging any arrears of the payments required by the authority from the adult for accommodation provided under the Act.
Commencement Information
I1Reg. 17 in force at 1.4.2015 in accordance with reg. 1
(1)
Relevant amending instruments are: S.I. 1991/1559, 1992/468, 1992/1198, 1993/315, 1994/527, 1995/2303, 1995/2792, 1996/206, 1998/563, 1998/663, 1998/1445, 1998/2117, 1999/2640, 1999/3156, 1999/3178, 1999/3324, 2001/859, 2001/1029, 2002/841, 2002/3019, 2003/455, 2005/574, 2005/2465, 2005/2687, 2005/2878, 2006/588, 2007/719, 2007/1749, 2008/698, 2008/2767, 2008/3157, 2009/2655, 2010/641, 2011/1707, 2011/2425 and 2013/276.
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