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Community Care (Residential Accommodation) Act 1998

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2Restriction on capital taken into account when determining need for residential accommodation: Scotland

In section 12 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (general social welfare services), after subsection (3) there shall be inserted—

(3A)In determining for the purposes of this section whether to provide assistance by way of residential accommodation to a person, a local authority shall disregard so much of the person’s capital as does not exceed the capital limit for the purposes of section 22 of the [1948 c. 29.] National Assistance Act 1948.

(3B)For the purposes of subsection (3A) of this section—

(a)a person’s capital shall be calculated in accordance with assessment regulations in the same way as if he were a person for whom accommodation is proposed to be provided under this Act and whose ability to pay falls to be assessed for the purposes of section 22(3) of the National Assistance Act 1948; and

(b)“the capital limit for the purposes of section 22 of the National Assistance Act 1948” means the amount for the time being prescribed in assessment regulations as the amount which a resident’s capital (calculated in accordance with such regulations) must not exceed if he is to be assessed as unable to pay for his accommodation at the standard rate;

and in this subsection “assessment regulations” means regulations made for the purposes of section 22(5) of the National Assistance Act 1948 or section 87(5) of this Act.

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