The Care and Support and After-care (Choice of Accommodation) Regulations 2014
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Change 1
4 Application to after-care
(1) Where— (a) a local authority is, in discharging its duty under section 117(2) of the 1983 Act, providing or arranging for the provision of accommodation in England for a person; (b) the person expresses a preference for particular accommodation (identifiable by reference to its address or provider); and (c) the conditions in paragraph (2) are met, the local authority must provide or arrange for the provision of the preferred accommodation in accordance with these Regulations. (2) The following conditions must be met for the provision of preferred accommodation under paragraph (1)— (a) the person must be aged 18 or over; (b) the accommodation which the local authority is providing or arranging must be of a specified type; (c) the preferred accommodation must be of the same type that the local authority has decided to provide or arrange; (d) the preferred accommodation must be suitable to meet the person’s needs; (e) the preferred accommodation must be available; (f) where the preferred accommodation is not provided by the local authority, the provider of the accommodation must agree to provide the accommodation to the person on the local authority’s terms; and (g) where the cost to the local authority of providing or arranging for the provision of the preferred accommodation is greater than the amount that the local authority would expect to be the usual cost of providing or arranging for the provision of accommodation of that kind, the additional cost conditions in paragraph (3) must also be met. (3) The additional cost conditions referred to in paragraph (2)(g) are that— (a) the local authority is satisfied that the person for whom the accommodation is to be provided or another person (“the payer”), is willing and able to pay the additional cost of the preferred accommodation for the period during which the local authority expects to meet needs by providing or arranging for the provision of that accommodation; and (b) the payer enters into a written agreement with the authority in which the payer agrees to pay the additional cost. (4) In a case to which paragraph (3) applies, the local authority must comply with the requirements of regulation 5(2), (3)(a) and (c) to (f), and (4). (5) For the purposes of this regulation the additional cost that is to be met by the payer may be less than the full amount of the additional cost referred to in section 117A(3) of the 1983 Act, if the local authority agrees that a lesser amount should be paid. (6) The specified types of accommodation are those referred to in regulation 2(2) but for the purposes of this regulation any reference to “an adult” in regulations 7 and 8 should be read as a reference to “a person”.
4 Application to after-care
(1) Where— (a) a local authority is, in discharging its duty under section 117(2) of the 1983 Act, providing or arranging for the provision of accommodation in England for a person; (b) the person expresses a preference for particular accommodation (identifiable by reference to its address or provider); and (c) the conditions in paragraph (2) are met, the local authority must provide or arrange for the provision of the preferred accommodation in accordance with these Regulations. (2) The following conditions must be met for the provision of preferred accommodation under paragraph (1)— (a) the person must be aged 18 or over; (b) the accommodation which the local authority is providing or arranging must be of a specified type; (c) the preferred accommodation must be of the same type that the local authority has decided to provide or arrange; (d) the preferred accommodation must be suitable to meet the person’s needs; (e) the preferred accommodation must be available; (f) where the preferred accommodation is not provided by the local authority, the provider of the accommodation must agree to provide the accommodation to the person on the local authority’s terms; and (g) where the cost to the local authority of providing or arranging for the provision of the preferred accommodation is greater than the amount that the local authority would expect to be the usual cost of providing or arranging for the provision of accommodation of that kind, the additional cost conditions in paragraph (3) must also be met. (3) The additional cost conditions referred to in paragraph (2)(g) are that— (a) the local authority is satisfied that the person for whom the accommodation is to be provided or another person (“the payer”), is willing and able to pay the additional cost of the preferred accommodation for the period during which the local authority expects to meet needs by providing or arranging for the provision of that accommodation; and (b) the payer enters into a written agreement with the authority in which the payer agrees to pay the additional cost. (4) In a case to which paragraph (3) applies, the local authority must comply with the requirements of regulation 5(2), (3)(a) and (c) to (f), and (4). (5) For the purposes of this regulation the additional cost that is to be met by the payer may be less than the full amount of the additional cost referred to in section 117A(3) of the 1983 Act, if the local authority agrees that a lesser amount should be paid. (6) The specified types of accommodation are those referred to in regulation 2(2) but for the purposes of this regulation any reference to “an adult” in regulations 7 and 8 should be read as a reference to “a person”.
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