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"the Act" means the National Assistance Act 1948[3];

"the Assessment Regulations" means the National Assistance (Assessment of Resources) Regulations 1992[4];

"the Directions" means the National Assistance Act 1948 (Choice of Accommodation) Directions 1992[5];

"relevant liable relative" means a person who is liable under section 42 of the Act to maintain the resident and is making maintenance contributions;

"preferred accommodation" means accommodation at the place of the resident's choice within England and Wales as indicated by the resident, in accordance with paragraph 2 of the Directions;

"relevant preferred accommodation" means preferred accommodation which meets the conditions in paragraph 3(a), (c) and (d) of the Directions, but where the cost of providing the resident with that preferred accommodation would require the local authority to pay more than that authority would usually expect to pay in order to provide Part 3 accommodation suitable for a person with the assessed needs of that resident;

"resident" means a person whom the local authority have assessed under section 47 of the National Health Service and Community Care Act 1990[6] as needing accommodation pursuant to section 21 of the Act (whether or not that person has as yet actually taken up residence in such accommodation); and

"relevant resident" means a resident - 

(a) to whom paragraph 1A of Schedule 4 to the Assessment Regulations (the twelve weeks property disregard) applies, or

(b) who has entered into a deferred payment agreement with the local authority, as provided for in section 55 of the 2001 Act.

Additional payments
     3.  - (1) Regulation 4 applies if a resident has indicated that he wishes to be accommodated in relevant preferred accommodation.

    (2) Regulation 4 does not apply to any arrangements made under paragraph 4 of the Directions prior to the coming into force of these Regulations.

     4. A local authority may provide a resident with relevant preferred accommodation in the following circumstances:

(a) if a third party other than a relevant liable relative agrees to make the additional payments; or

(b) in the case of a relevant resident, if the additional payments will be made by one or both of the following persons:


(i) a third party other than a relevant liable relative, and

(ii) the resident himself, from income or capital which is disregarded under Schedules 3 and 4 to the Assessment Regulations



and each person can reasonably be expected to make those additional payments for the duration of the arrangements.

Signed by authority of the Secretary of State for Health


Jacqui Smith
Minister of State, Department of Health

10th September 2001

[2] Although section 54 of the Health and Social Care Act 2001 ("the 2001 Act") extends to both England and Wales, these Regulations are made by the Secretary of State who is the relevant authority empowered to make regulations for England only, see section 66 of the 2001 Act.back

[3] 1948 c. 29.back

[4] S.I. 1992/2977; S.I. 1992/2977 has been amended by S.I. 1993/964; S.I. 1993/2230; S.I. 1994/825; S.I. 1994/2386; S.I. 1995/858; S.I. 1995/3054; S.I. 1996/602; S.I. 1997/485; S.I. 1998/497; S.I. 1998/1730; S.I. 2001/58; S.I. 2001/1066; and S.I. 2001/1124.back

[5] The Directions were issued annexed to the Department of Health Circular no. LAC (92)27.back

[6] 1990 c. 19.back

 © Crown copyright 2001