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10. After Article 101 of the Health and Personal Social Services Order there shall be inserted—
101A. (1) Subject to the following provisions of this Article, where—
(a)accommodation is provided under Article 15 or 36 for any person; and
(b)that person knowingly and with the intention of avoiding charges for the accommodation—
(i)has transferred any asset to which this Article applies to some other person or persons not more than 6 months before the date on which he begins to reside in such accommodation; or
(ii)transfers any such asset to some other person or persons while residing in the accommodation; and
(i)the consideration for the transfer is less than the value of the asset; or
(ii)there is no consideration for the transfer,
the person or persons to whom the asset is transferred by the person for whom the accommodation is provided shall be liable to pay to the Department the difference between the amount assessed as due to be paid for the accommodation by the person for whom the accommodation is provided and the amount which the Department receive from him for it.
(2) This Article applies to cash and any other asset which falls to be taken into account for the purpose of assessing under Article 99 the ability to pay for the accommodation of the person for whom it is provided.
(3) Paragraph (1) shall have effect in relation to a transfer by a person who leaves accommodation provided under Article 15 or 36 and subsequently resumes residence in such accommodation as if the period of 6 months mentioned in sub-paragraph (b)(i) were a period of 6 months before the date on which he resumed residence in such accommodation.
(4) Where a person has transferred an asset to which this Article applies to more than one person, the liability of each of the persons to whom it is transferred shall be in proportion to the benefit accruing to him from the transfer.
(5) A person's liability under this Article shall not exceed the benefit accruing to him from the transfer.
(6) Subject to paragraph (7), the value of any asset to which this Article applies, other than cash, which has been transferred shall be taken to be the amount of the consideration which would have been realised for it if it had been sold on the open market by a willing seller at the time of the transfer.
(7) For the purpose of calculating the value of an asset under paragraph (6) there shall be deducted from the amount of the consideration—
(a)the amount of any incumbrance on the asset; and
(b)a reasonable amount in respect of the expenses of the sale.”.
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