Regulation 3 Conditions for provision of preferred accommodationI1

England and Wales

(1)

The following conditions must be met for the provision of preferred accommodation under regulation 2—

(a)

the care and support plan for the person specifies that the person’s needs can be met by the provision of care home accommodation;

(b)

the preferred accommodation is suitable to the person’s needs;

(c)

the preferred accommodation is available; and

(d)

where the preferred accommodation is not provided by the local authority, the provider of the accommodation agrees to provide the accommodation to the person on the local authority’s terms.

(2)

If the cost to the local authority of providing or arranging for the provision of the preferred accommodation is greater than the cost that the local authority would usually expect to incur in providing or arranging the provision of care home accommodation to meet the needs of the person concerned, the additional cost condition in regulation 4 must also be met^f1.

Annotations

Commencement

I1: Reg. 3 in force at 6.4.2016, see reg. 1(2)

Footnotes

f1: See section 57(3) of the Act for the meaning of “additional cost”.