The Delayed Discharges (England) Regulations 2003

Ordinary residence

18.—(1) Subject to paragraph (2), in a case where a social services authority has been given a notice under section 2 of the Act, that authority shall be required to undertake the duties in section 4 of the Act and, on or after 5th January 2004, be liable for any payment under section 6 of the Act, notwithstanding that it disputes that the patient is ordinarily resident in its area.

(2) In a case where it becomes clear prior to the patient’s discharge, for any of the reasons set out in paragraph (3), that the responsible NHS body gave a notice under section 2 of the Act to a social services authority in which the patient was not ordinarily resident (“the wrong authority”), then the social services authority in which the patient was ordinarily resident (“the correct authority”) shall become the responsible authority and shall become responsible for the duties and liabilities accordingly.

(3) The reasons referred to in paragraph (2) are that—

(a) a determination is made under section 8 of the Act that the current responsible authority is the wrong authority and that another social services authority is the correct authority; or

(b) another social services authority agrees that it is the correct authority, and takes over the duties of the responsible authority.

(4) In a case where a social services authority is identified as the wrong authority in relation to a patient, it shall be entitled to claim reimbursement from the correct authority for any costs it (the wrong authority) incurred in—

(a) making payments under section 6 of the Act; or

(b) providing services to the patient or the carer following the patient’s discharge.