SCHEDULEAmendments in consequence of provisions of the Care Act 2014 and the Children and Families Act 2014

Health and Social Services and Social Security Adjudications Act 1983 (c. 41)32

1

Section 22 (arrears of contributions charged on interest in land in England and Wales) is amended as follows.

2

After subsection (2A) insert—

2B

A local authority in England may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 1 of the Care Act 2014 came into force.

3

Before subsection (4) insert—

3A

Subject to subsection (5) below, a charge under this section created by a local authority in England shall be in respect of any amount which is outstanding from time to time and is—

a

assessed as due to be paid by the person to the authority for the Part III accommodation, or

b

due by the person to the authority under Part 1 of the Care Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.

4

In subsection (4), after “charge under this section” insert “created by a local authority in Wales or Scotland”.