The Care and Support (Deferred Payment) (Amendment) Regulations 2017
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Care and Support (Deferred Payment) (Amendment) Regulations 2017 and come into force on 5th February 2018
(2)
Amendment of regulation 2(2)2.
Paragraph (2)(a) of regulation 2 of the Principal Regulations is amended as follows—
(a)
for “and” at the end of sub-paragraph (ii) there shall be substituted “or”; and
(b)
“(iii)
are not being or going to be met by the local authority under section 18 and are needs that the local authority considers it would be required to meet under that section by the provision of accommodation in a care home but for the fact that the local authority is satisfied that the adult’s financial resources are above the financial limit3; and”.
Amendment of regulation 3(1)3.
Paragraph (1)(a) of regulation 3 of the Principal Regulations is amended as follows—
(a)
at the end of sub-paragraph (ii) there shall be inserted “or”; and
(b)
“(iii)
are not being or going to be met by the local authority under section 18 and are needs that the local authority considers it would be required to meet under that section by the provision of accommodation in a care home but for the fact that the local authority is satisfied that the adult’s financial resources are above the financial limit; ”.
Signed by authority of the Secretary of State for Health.
These Regulations amend the Care and Support (Deferred Payment) Regulations 2014 (“the Principal Regulations”). Regulation 2 of the Principal Regulations sets out the circumstances in which a local authority must enter into a deferred payment agreement and regulation 3 of the Principal Regulations sets out the circumstances in which a local authority is permitted to enter into a deferred payment agreement.
Regulations 3 and 4 of these Regulations amend regulations 2(2) and 3(1) of the Principal Regulations so that a local authority may be required or permitted to enter into a deferred payment agreement in a case where a local authority is not meeting or going to meet the adult’s needs by the provision of accommodation in a care home, if the local authority considers that it would have been required to meet the adult’s needs under section 18 but for the fact that the adult’s financial resources exceed the financial limit.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.