Health And Social Services And Social Security Adjudications Act 1983

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Health And Social Services And Social Security Adjudications Act 1983, Section 22 is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Commencement Orders yet to be applied to the Health And Social Services And Social Security Adjudications Act 1983

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2004/288 art. 2-6 commences (2003 c. 43)
S.I. 2004/480 art. 2-5 commences (2003 c. 43)
S.I. 2004/1009 art. 2 commences (2003 c. 43)
S.I. 2004/1019 art. 2 commences (2003 c. 43)
S.I. 2005/2897 art. 2 commences (2002 c. 38)
S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
S.I. 2006/345 art. 2-7 commences (2003 c. 43)
S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
S.I. 2011/849 art. 2 commences (2010 nawm 2)
S.S.I. 2009/267 art. 2 commences (2007 asp 4)

22 Arrears of contributions charged on interest in land in England and Wales.E+W+S

(1)Subject to subsection (2) below, where a person who avails himself of Part III accommodation provided by a local authority in England, Wales or Scotland—

(a)fails to pay any sum assessed as due to be paid by him for the accommodation; and

(b)has a beneficial interest in land in England or Wales,

the local authority may create a charge in their favour on his interest in the land.

(2)In the case of a person who has interests in more than one parcel of land the charge under this section shall be upon his interest in such one of the parcels as the local authority may determine.

[F1(2A)In determining whether to exercise their power under subsection (1) above and in making any determination under subsection (2) above, the local authority shall comply with any directions given to them by the Secretary of State as to the exercise of those functions.]

[F2(2B)A local authority in England may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 1 of the Care Act 2014 came into force.]

[F3(2C)A local authority in Wales may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.]

[F4(3)Any interest in the proceeds of sale of land held upon trust for sale is to be treated, subject to subsection (8) below, as an interest in land for the purposes of this section.]

[F5(3A)Subject to subsection (5) below, a charge under this section created by a local authority in England shall be in respect of any amount which is outstanding from time to time and is—

(a)assessed as due to be paid by the person to the authority for the Part III accommodation, or

(b)due by the person to the authority under Part 1 of the Care Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.]

[F6(3B)Subject to subsection (5) below, a charge under this section created by a local authority in Wales shall be in respect of any amount which is outstanding from time to time and is—

(a)assessed as due to be paid by the person to the authority for the Part III accommodation, or

(b)due by the person to the authority under Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.]

(4)Subject to subsection (5) below, a charge under this section [F7created by a local authority in F8... Scotland] shall be in respect of any amount assessed as due to be paid which is outstanding from time to time.

(5)The charge on the interest of [F9an equitable joint tenant in land] shall be in respect of an amount not exceeding the value of the interest that he would enjoy in [F10the land] if the joint tenancy were severed but the creation of such a charge shall not sever the joint tenancy.

(6)On the death of [F11an equitable joint tenant in land] whose interest in the [F12land is] subject to a charge under this section—

(a)if there are surviving joint tenants, their [F13interests in the land]; and

(b)if the land vests in one person, or one person is entitled to have it vested in him, his interest in it,

shall become subject to a charge for an amount not exceeding the amount of the charge to which the interest of the deceased joint tenant was subject by virtue of subsection (5) above.

(7)A charge under this section shall be created by a declaration in writing made by the local authority.

(8)Any such charge, other than a charge on [F14the interest of an equitable joint tenant in land], shall in the case of unregistered land be a land charge ofClass B within the meaning of section 2 of the M1Land Charges Act 1972 and in the case of registered land be a registrable charge taking effect as a charge by way of legal mortgage.

Textual Amendments

F1S. 22(2A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(2); S.I. 1992/2975, art. 2(3)(a)

F2S. 22(2B) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 32(2) (with arts. 1(3), 3)

F3S. 22(2C) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 40(a)

F4S. 22(3) repealed (E.W.) (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F5S. 22(3A) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 32(3) (with arts. 1(3), 3)

F6S. 22(3B) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 40(b)

F7Words in s. 22(4) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 32(4) (with arts. 1(3), 3)

F8Words in s. 22(4) omitted (E.W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 40(c)

F9Words in s. 22(5) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(a)(i) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F10Words in s. 22(5) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(a)(ii) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2

F11Words in s. 22(6) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 21(b)(i) (with ss. 24(2), 25(4)(5)); S.I. 1996/2974, art. 2