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The Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002

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Recovery of payments by responsible authorities

3.  For the purposes of section 50(7), the amount of any payment made by a responsible authority in pursuance of section 50(6) (payments where services not provided under section 50(3)) which is recoverable by it from the person, is the amount which would be recoverable under section 87(2) to (4) of the Social Work (Scotland) Act 1968(1) if the accommodation was provided by the responsible authority under that Act and the rate fixed in accordance with sections 22(2) or 26(2) of the National Assistance Act 1948(2) was the amount of the payment made by the authority pursuant to section 50(6).

(1)

1968 c. 49. Section 87(3) was amended by the Social Security Act 1980 (c. 30), Schedule 4, paragraph 5(1) and the Social Security Act 1986 (c. 50), Schedule 10, paragraph 41(2)(a), (b) and (c).

(2)

1948 c. 29. Section 22(2) was amended by the National Health Service and Community Care Act 1990 (c. 19), section 44; section 26(2) was amended by the National Health Service and Community Care Act 1990, sections 42(3) and 66 and Schedules 9, paragraphs 5 and 10.

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