S. 21 wholly in force at 12.4.1993 see s. 32(2) and S.I. 1992/2974, art. 2, Sch.

S. 21(3A) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 45(1); S.I. 1992/2975, art. 2(3)(a).

Words in s. 21(8) inserted (12.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 25(2); S.I. 1992/2975, art. 2(3)(b).

Words in s. 21(8) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 14(2)

1948 c. 29.

1948 c. 29.

1968 c. 49.

http://www.legislation.gov.uk/ukpga/1983/41/section/21Health And Social Services And Social Security Adjudications Act 1983An Act to amend the law relating to the financing of certain social services in England and Wales and Scotland and to children and young persons; to make fresh provision for the Central Council for Education andTraining in Social Work and further provision for the remuneration and conditions of service of medical and dental practitioners in the National Health Service and health service officers; to amend the law relating to homes regulated by the Nursing Homes Act 1975, the Child Care Act 1980, the Residential Homes Act 1980 and the Children’s Homes Act 1982; to repeal enactments about the designation of health authorities as teaching authorities and membership of authorities so designated; to make further provision for social security adjudication; to make further provision for fees for medical practitioners’ certificates relating to notifiable diseases andfood poisoning; to abolish certain advisory bodies; to make minor alterations in certain enactments relating to health; and for connected purposes.texttext/xmlenStatute Law Database2018-08-04Expert Participation2016-04-06Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Health and Social Care (Community Health and Standards) Act 2003 Commencement (Wales) (No. 4) Order 2006art. 2-7commencement order for 2003 c. 43Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004art. 2-6commencement order for 2003 c. 43. This SI is amended by SI 2004/866, SI 2004/1009 and SI 2005/2925Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 2004art. 2-5commencement order for 2003 c. 43. This SI is amended by SI 2004/1019 and SI 2006/345Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.2) (Amendment No.2) Order 2004art. 2commencement order for 2003 c. 43Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) (Amendment) Order 2004art. 2commencement order for 2003 c. 43Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005art. 2commencement order for 2002 c. 38Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 8) Order 2005art. 24-11Commencement order for 2003 c. 43 This SI amends SI 2004/288 and is amended by SI 2006/836Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009art. 2commencement order for 2007 asp 4Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009art. 23commencement order for 2008 c. 4Health And Social Services And Social Security Adjudications Act 1983specified amended provision(s)The Social Care Charges (Wales) Measure 2010 (Commencement) Order 2011Gorchymyn Mesur Codi Ffioedd am Wasanaethau Gofal Cymdeithasol (Cymru) 2010 (Cychwyn) 2011art. 2commencement order for 2010 nawm 2Part VII Charges for Local Authority Services
21 Recovery of sums due to local authority where persons in residential accommodation have disposed of assets.(1)

Subject to the following provisions of this section where—

(a)

a person avails himself of Part III accommodation; and

(b)

that person knowingly and with the intention of avoiding charges for the accommodation—

(i)

has transferred any asset to which this section applies to some other person or persons not more than six months before the date on which he begins to reside in such accommodation; or

(ii)

transfers any such asset to some other person or persons while residing in the accommodation; and

(c)

either—

(i)

the consideration for the transfer is less than the value of the asset; or

(ii)

there is no consideration for the transfer,

the person or persons to whom the asset is transferred by the person availing himself of the accommodation shall be liable to pay to the local authority providing the accommodation or arranging for its provision the difference between the amount assessed as due to be paid for the accommodation by the person availing himself of it and the amount which the local authority receive from him for it.

(2)

This section applies to cash and any other asset which falls to be taken into account for the purpose of assessing under section 22 of the National Assistance Act 1948 the ability to pay for the accommodation of the person availing himself of it.

(3)

Subsection (1) above shall have effect in relation to a transfer by a person who leaves Part III accommodation and subsequently resumes residence in such accommodation as if the period of six months mentioned in paragraph (b)(i) were a period of six months before the date on which he resumed residence in such accommodation.

(3A)

If the Secretary of State so directs, subsection (1) above shall not apply in such cases as may be specified in the direction.

(4)

Where a person has transferred an asset to which this section applies to more than one person, the liability of each of the persons to whom it was transferred shall be in proportion to the benefit accruing to him from the transfer.

(5)

A person’s liability under this section shall not exceed the benefit accruing to him from the transfer.

(6)

Subject to subsection (7) below, the value of any asset to which this section applies, other than cash, which has been transferred shall be taken to be the amount of the consideration which would have been realised for it if it had been sold on the open market by a willing seller at the time of the transfer.

(7)

For the purpose of calculating the value of an asset under subsection (6) above there shall be deducted from the amount of the consideration—

(a)

the amount of any incumbrance on the asset; and

(b)

a reasonable amount in respect of the expenses of the sale.

(8)

In this Part of this Act “Part III accommodation” means accommodation provided under sections 21 to 26 of the National Assistance Act 1948, and, in the application of this Part of this Act to Scotland, means accommodation provided under the Social Work (Scotland) Act 1968 or section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003,.