Explanatory Notes

Care Act 2014

2014 CHAPTER 23

14 May 2014

Commentary on Sections

Part 1 – Care and Support

Deferred payment agreements

Section 36 – Alternative financial arrangements

240.This section provides for local authorities to enter into financial agreements of a similar nature to a deferred payment agreement but without interest charges attached: an ‘alternative financial arrangement’.

241.Subsection (1) enables regulations to be made to require or allow authorities to enter into an ‘alternative financial arrangement’ with an adult.

242.Subsection (2) defines an alternative financial arrangement as one which is in essence the same as a deferred payment agreement or loan (as set out in section 34) and that achieves a similar effect without charging interest.

243.Subsection (3) enables regulations to be made for alternative financial arrangements in relation to any issue on which it is also possible to make regulations for deferred payment agreements (as set out in sections 34 and 35) with the exception of the payment of interest.