PART 4

MANAGEMENT OF RESIDENTS’ FINANCES

Matters which may be managed
39
1
The matters which may be managed under this Part by the managers of an authorised establishment are—
a
claiming, receiving, holding and spending any pension, benefit, allowance or other payment other than under the Social Security Contributions and Benefits Act 1992 (c.4) , the State Pensions Credit Act 2002 (c. 16) ;
b
claiming, receiving, holding and spending any money to which a resident is entitled;
c
holding any other moveable property to which the resident is entitled;
d
disposing of such moveable property,
and in this Part these matters, or any of them, are referred to as residents’ affairs; and cognate expressions shall be construed accordingly.
2
In managing these matters, the managers of an authorised establishment shall—
a
act only for the benefit of the resident; and
b
have regard to the sentimental value that any item might have for the resident, or would have but for the resident’s incapacity.
3
The managers of an authorised establishment shall not, without the consent of the supervisory body, manage any matter if that matter has a value greater than that which is prescribed for the purposes of this subsection.
4
The supervisory body may in relation to an individual resident permit the managers of the authorised establishment to manage any matter which has a value greater than that which is prescribed in relation to it under subsection (3).
5
For the purpose of this section, “manage” denotes no greater responsibility than complying with the duties set out in this section.
S. 39 wholly in force 1.10.2003; s. 39 not in force at Royal Assent see s. 89(2); s. 39(3) in force for specified purposes at 6.3.2003 by S.S.I. 2003/136, art. 2; s. 39(3) in force for further specified purposes at 29.5.2003 by S.S.I. 2003/267, art. 2(1); s. 39 in force in so far as not already in force at 1.10.2003 by S.S.I. 2003/267, art. 2(2)
Words in s. 39(1)(a) inserted (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), ss. 77(1), 79, Sch. 1 para. 5(b); S.S.I. 2007/334, art. 2(b), Sch. 2 (with savings in arts. 4-6)
Pt. 4 modified (1.4.2003) by 2001 asp 8, ss. 8(1), 81(2); S.S.I. 2003/205, art. 2 (with transitional provisions in art. 3)