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The National Assistance (Residential Accommodation) (Disregarding of Resources) (England) Regulations 2001
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- 2001 No. 3067
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
The Health and Social Care Act 2001 (c. 15) amended section 21 of the National Assistance Act 1948 (c. 29) by substituting subsections (2A) and (2B). The new subsections provide that regulations may specify certain of the person’s resources which the local authority shall disregard when deciding for the purposes of section 21(1)(a) or (aa) whether or not the person needs care and attention which is not otherwise available to him.
These Regulations specify the resources which are to be disregarded for that purpose. Subject to one exception, a person’s capital up to the capital limit as specified in the National Assistance (Assessment of Resources) Regulations 1992 is to be disregarded. In the exceptional case, when the person is someone with whom the local authority have agreed to enter into a deferred payment agreement, the local authority shall also disregard that person’s main or only home.
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