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The Care Act 2014 (Transitional Provision) Order 2015

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Transitional modifications in respect of deferred payments

4.—(1) Sections 34 and 35 (deferred payment agreements etc.) of the Act apply in the case of a person to whom, by virtue of article 2, Part 1 of the Act does not otherwise apply.

(2) Where sections 34 and 35 of the Act apply in a person’s case by virtue of paragraph (1), the Care and Support (Deferred Payment) Regulations 2014(1) (“the regulations”) apply with the following modifications—

(a)regulation 3(1)(a) of the regulations (local authority permitted to enter into a deferred payment agreement) shall have effect as if after sub-paragraph (i)—

(i)“or” were omitted, and

(ii)the following sub-paragraph were inserted—

(ia)are being met by the provision of accommodation under Part 3 of the National Assistance Act 1948; or; and

(b)regulations 5 (deferred amount and equity limit) and 6 (adults’ contribution) of the regulations shall have effect as if any sums due to a local authority under section 22 of the 1948 Act (charges to be made for accommodation) or section 54 of the 2001 Act (funding by resident etc. of more expensive accommodation) were an amount due under section 14 (power of local authority to charge) or 30(2) of the Act (cases where adult expresses preference for particular accommodation), as the case may be.

(3) Notwithstanding paragraph (1), where a deferred payment agreement under section 55 of the 2001 Act (power for local authorities to take charges on land instead of contributions) is in force in respect of that person—

(a)the regulations do not apply in respect of amounts due from that person to an authority under—

(i)section 14 of the Act; and

(ii)where that deferred payment agreement applies in respect of payments which are additional payments for the purpose of section 54 of the 2001 Act, section 30 of the Act; and

(b)the deferred payment agreement under section 55 of the 2001 Act shall continue to apply on the terms and conditions which pertained to it immediately before the coming into force of the regulations, save that from the relevant date in relation to the person concerned, references in that agreement to—

(i)accommodation provided under Part 3 of the 1948 Act must be read as including accommodation provided by a local authority under section 18 or 19 (duty or power to meet needs for care and support) of the Act (including anything provided in connection with that accommodation), and

(ii)relevant contributions must be read as including the amount due from the person to the local authority under section 14 or, as the case may be, section 30 of the Act.

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