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Section 21 HASSASSA Act 1993

Philip Laidlow provides an analysis of this crucial section of HASSASSA

1 January 1997

Philip Laidlow provides an analysis of this crucial section of HASSASSA

Rather than look at actual planning techniques, this edition's article looks at one of the key enforcement and avoidance provisions available to LAs. This is s21 HASSASSAA which enables LAs to recover the cost of care from third parties in certain circumstances. Good legal advice can blunt or nullify the potential impact of s21. Equally, it is one that is likely to be more widely used in the future as increased budgetary pressure combines with greater awareness of the scope of s21. It is a swingeing and potentially valuable remedy for LAs, and as it focuses on the children or other recipients rather than the elderly person - and hence avoids the negative publicity that goes with such as the use of the bankruptcy remedies - it is surprising that it is not already more vigorously used by LAs.

In short, if someone gives away assets in the six months before entry into c...

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