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Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

38.  The Health and Social Services and Social Security Adjudications Act 1983 is amended as follows.

39.  In section 17 (charges for local authority services in England and Wales)—

(a)omit subsections (2A)(1) and (5);

(b)in paragraph (a) of subsection (3) omit “or a service within subsection (2A)(2)”;

(c)in the heading to the section, omit the words “and Wales”.

40.  In section 22 (arrears of contributions charged on interest in land in England and Wales)—

(a)after subsection (2B)(3) insert—

(2C) A local authority in Wales may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.;

(b)after subsection (3A)(4) insert—

(3B) Subject to subsection (5) below, a charge under this section created by a local authority in Wales shall be in respect of any amount which is outstanding from time to time and is—

(a)assessed as due to be paid by the person to the authority for the Part III accommodation, or

(b)due by the person to the authority under Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.;

(c)in subsection (4)(5) omit “Wales or”.

(1)

Section 17(2A) was inserted, in relation to Wales, by the Social Care Charges (Wales) Measure 2010, section 14(1), (4).

(2)

Section 17(3)(a) was amended by S.I. 2015/914, Schedule, paragraphs 30, 31(1), (4).

(3)

Section 22(2B) was inserted by S.I. 2015/914, Schedule, paragraphs 30, 32(1), (2).

(4)

Section 22(3A) was inserted by S.I. 2015/914, Schedule, paragraphs 30, 32(1), (3).

(5)

Section 22(3) was amended by S.I. 2015/914, Schedule, paragraphs 30, 32(1), (4).