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Preserved Rights or a Source of Despair?

Margaret Richards examines the legal position of clients who purchased residential care before April 1993

1 January 1997

Margaret Richards examines the legal position of clients who purchased residential care before April 1993

Before Part III of the National Health Service and Community Care Act 1990 was implemented on 1st April 1993, most clients made their own care arrangements directly with the home of their choice, knowing that if their own resources proved inadequate to sustain the placement, they would receive an uncharacteristically generous subsidy from the DSS. The subsidy, which in 1992 was running at about £2 billion a year, took the form of enhanced income support payments, well above the level of what was available to people living in their own homes, which could be claimed by residents with modest income, whose capital fell below £8,000. Only a minority of clients entered "Part III Accommodation" provided for them by local authorities in pursuance of their protective responsibilities laid down in section 21 of the National Assistance Act 1948.

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