Regulation 3 Local authority permitted to enter into a deferred payment agreementI1

England and Wales

(1)

A local authority is permitted to enter into a deferred payment agreement with 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 for the adult specifies that the local authority is going to meet the adult’s needs by the provision to the adult of accommodation in a care home or supported living accommodation; 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 or supported living accommodation; 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;

(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)

For the purpose of paragraph (1), “supported living accommodation” means accommodation which is not a care home and is—

(a)

in premises which are specifically designed or adapted for occupation by adults with needs for care and support to enable them to live as independently as possible; or

(b)

provided—

(i)

in premises which are intended for occupation by adults with needs for care and support (whether or not the premises are specifically designed or adapted for that purpose); and

(ii)

in circumstances in which personal care is available if required.

(3)

For the purposes of paragraph (2)(b)(ii), personal care may be provided by a person other than the person who provides the accommodation.

(4)

The accommodation referred to in paragraph (2) does not include premises—

(a)

in respect of which the adult is for the time being entitled to dispose of the fee simple, whether or not with the consent of other joint owners; or

(b)

which the adult occupies other than under a licence or tenancy agreement.

(5)

In paragraph (4) “tenancy” means a tenancy which is not a long tenancy.

Annotations

Textual amendments

F1: Word in reg. 3(1)(a)(ii) inserted (5.2.2018) by The Care and Support (Deferred Payment) (Amendment) Regulations 2017 (S.I. 2017/1318), art. 1(1), reg. 3(a)
F2: Reg. 3(1)(a)(iii) inserted (5.2.2018) by The Care and Support (Deferred Payment) (Amendment) Regulations 2017 (S.I. 2017/1318), art. 1(1), reg. 3(b)

Commencement

I1: Reg. 3 in force at 1.4.2015 in accordance with reg. 1(1)