Regulation 2 Local authority required to enter into a deferred payment agreementI1

England and Wales

(1)

A local authority^f1 is required to enter into a deferred payment agreement with an adult if—

(a)

paragraph (2) applies to the adult;

(b)

the condition in regulation 4 is met; and

(c)

the adult agrees to all the terms and conditions included in the agreement in accordance with regulation 11.

(2)

This paragraph applies to an adult if—

(a)

the adult’s needs for care and support—

(i)

are being met or are going to be met under section 18 or section 19(1) or (2) and the care and support plan^f2 for the adult specifies that the local authority is going to meet the adult’s needs by the provision of accommodation in a care home; or

(ii)

are not being or going to be met by the local authority and the local authority considers that if it had been asked to meet the adult’s needs it would have done so under section 18 or section 19(1) or (2) and it would have met the adult’s needs by the provision to the adult of accommodation in a care home; F1or

F2(iii)

are not being or going to be met by the local authority under section 18 and are needs that the local authority considers it would be required to meet under that section by the provision of accommodation in a care home but for the fact that the local authority is satisfied that the adult’s financial resources are above the financial limit; and

(b)

the local authority is satisfied that the adult has a legal or beneficial interest in a property which is the adult’s main or only home, and

(i)

where a financial assessment within the meaning of section 17(5) has been carried out in respect of the adult, that—

(aa)

the value of that interest has not been disregarded for the purposes of calculating the amount of the adult’s capital^f3; and

(bb)

the adult’s capital less the value of that interest does not exceed £23,250; or

(ii)

where such a financial assessment has not been carried out in respect of the adult that sub-paragraph (i) would be satisfied if such an assessment were carried out.

(3)

But a local authority is only required to enter into a deferred payment agreement with an adult for amounts due from the adult to the authority under section 14, or for costs of care and support the provision of which the local authority considers to be necessary to meet the adult’s needs.

Annotations

Textual amendments

F1: Word in reg. 2(2)(a)(ii) substituted (5.2.2018) by The Care and Support (Deferred Payment) (Amendment) Regulations 2017 (S.I. 2017/1318), art. 1(1), reg. 2(a)
F2: Reg. 2(2)(a)(iii) inserted (5.2.2018) by The Care and Support (Deferred Payment) (Amendment) Regulations 2017 (S.I. 2017/1318), art. 1(1), reg. 2(b)

Commencement

I1: Reg. 2 in force at 1.4.2015 in accordance with reg. 1(1)

Footnotes

f1: See section 1(4) of the Act as to the meaning of “local authority”; the definition in section 1(4) is limited to local authorities in England.
f2: See section 25 for the definition of “care and support plan”.
f3: See section 17(11)(b) which provides that regulations under that section must make provision for calculating capital.