The High Court considered the disregard provisions in Sched 4 to the 1992 Regulations and concluded that ‘home’ for the purposes of paragraph 2 should be read as ‘main or only home’. It is also held that a local authority may have to review whether it was being occupied as such at any time after the resident went into care. This raises a serious concern for local authorities who may be faced with relatives or others moving in after the resident goes into care and then claiming that the property has become their ‘main’ home. The potential financial consequences for local authorities are significant.
Adam Fullwood at Kings Chambers, represented the local authority
The Times: http://www.thetimes.co.uk/tto/news/uk/article4002045.ece
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