The Care and Support (Deferred Payment) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2671 |
| Year | 2014 |
2014No. 2671
SOCIAL CARE, ENGLAND
The Care and Support (Deferred Payment) Regulations 2014
22ndOctober2014
31stOctober2014
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 34(1), (2) and (4) to (8), 35 and 125(7) and (8) of the Care Act 2014( 1).
Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Care and Support (Deferred Payment) Regulations 2014 and come into force immediately after sections 34(1) and 35(1) of the Care Act 2014 are both fully in force( 2).
(2) In these Regulations-
"the Act" means the Care Act 2014 and a reference to a section is a reference to a section of the Act;
"care home" means a care home, within the meaning given in section 3 of the Care Standards Act 2000( 3), in respect of which a person is registered under the Health and Social Care Act 2008( 4) for the regulated activity of the provision of accommodation together with nursing or personal care;
"long tenancy" is a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;
"specified time" means the time specified in regulation 7;
"supported living accommodation" has the meaning in regulation 3(2);
"the 2011 Act" means the Budget Responsibility and National Audit Act 2011( 5).
Local authority required to enter into a deferred payment agreement
2. (1) A local authority( 6) is required to enter into a deferred payment agreement with an adult if-
(a) paragraph (2) applies to the adult;(b) the condition in regulation 4 is met; and(c) the adult agrees to all the terms and conditions included in the agreement in accordance with regulation 11.(2) This paragraph applies to an adult if-
(a) the adult's needs for care and support-(i) are being met or are going to be met under section 18 or section 19(1) or (2) and the care and support plan( 7) for the adult specifies that the local authority is going to meet the adult's needs by the provision of accommodation in a care home; or(ii) are not being or going to be met by the local authority and the local authority considers that if it had been asked to meet the adult's needs it would have done so under section 18 or section 19(1) or (2) and it would have met the adult's needs by the provision to the adult of accommodation in a care home; and(b) the local authority is satisfied that the adult has a legal or beneficial interest in a property which is the adult's main or only home, and(i) where a financial assessment within the meaning of section 17(5) has been carried out in respect of the adult, that-(aa) the value of that interest has not been disregarded for the purposes of calculating the amount of the adult's capital( 8); and(bb) the adult's capital less the value of that interest does not exceed £23,250; or(ii) where such a financial assessment has not been carried out in respect of the adult that sub-paragraph (i) would be satisfied if such an assessment were carried out.(3) But a local authority is only required to enter into a deferred payment agreement with an adult for amounts due from the adult to the authority under section 14, or for costs of care and support the provision of which the local authority considers to be necessary to meet the adult's needs.
Local authority permitted to enter into a deferred payment agreement
3. (1) A local authority is permitted to enter into a deferred payment agreement with an adult if-
(a) the adult's needs for care and support-(i) are being met or are going to be met under section 18 or section 19(1) or (2) and the care and support plan for the adult specifies that the local authority is going to meet the adult's needs by the provision to the adult of accommodation in a care home or supported living accommodation; or(ii) are not being or going to be met by the local authority and the local authority considers that if it had been asked to meet the adult's needs it would have done so under section 18 or section 19(1) or (2) and it would have met the adult's needs by the provision to the adult of accommodation in a care home or supported living accommodation;(b) the condition in regulation 4 is met; and(c) the adult agrees to all the terms and conditions included in the agreement in accordance with regulation 11.(2) For the purpose of paragraph (1), "supported living accommodation" means accommodation which is not a care home and is-
(a) in premises which are specifically designed or adapted for occupation by adults with needs for care and support to enable them to live as independently as possible; or(b) provided-(i) in premises which are intended for occupation by adults with needs for care and support (whether or not the premises are specifically designed or adapted for that purpose); and(ii) in circumstances in which personal care is available if required.(3) For the purposes of paragraph (2)(b)(ii), personal care may be provided by a person other than the person who provides the accommodation.
(4) The accommodation referred to in paragraph (2) does not include premises-
(a) in respect of which the adult is for the time being entitled to dispose of the fee simple, whether or not with the consent of other joint owners; or(b) which the adult occupies other than under a licence or tenancy agreement.(5) In paragraph (4) "tenancy" means a tenancy which is not a long tenancy.
Adequate security
4. (1) The local authority must obtain-
(a) adequate security for the payment of the adult's deferred amount( 9) and any interest or administration costs which are treated in the same way as the adult's deferred amount; and(b) the consent referred to in paragraph (4), if the authority considers it is necessary to do so.(2) For the purposes of regulation 2, "adequate security" is a charge by way of legal mortgage for an amount which is at least equal to the deferred amount and any interest or administration costs which are to be treated in the same way as the adult's deferred amount and which is capable of being registered as a first legal charge in favour of the local authority in the land register( 10).
(3) For the purposes of regulation 3, "adequate security" is-
(a) a charge by way of legal mortgage for an amount which is at least equal to...To continue reading
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