The Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, make the following provisions:–

(a) they provide that duties which would otherwise be incumbent on responsible authorities under section 50(3) of the Health and Social Care Act 2001 (“the 2001 Act”) to provide community care services do not apply in the case of a person who, on the day before the appointed day, is not entitled to receive income support, is so entitled but not as a person having a preserved right to a higher rate of payment, or is being provided with after-care services under section 7 of the Mental Health (Scotland) Act 1984 (regulation 2);

(b) they prescribe the amount of any payment made by a responsible authority in pursuance of section 50(6) of the 2001 Act which that authority may recover from the person to whom it was made. The amount prescribed is the same as the amount which would be recovered if the accommodation had been provided under the Social Work (Scotland) Act 1968 (regulation 3); and

(c) they prescribe the circumstances in which a person is to be treated as ordinarily resident in premises for the purposes of section 50 of the 2001 Act.