2014 06 Adult Care

Tuesday 1 July 2014

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R (ZYN) v Walsall MBC[2014] EWHC 1918 Admin (Leggatt J): capital managed by a deputy appointed by the Court of Protection under the Mental Capacity Act 2005 is ‘administered on behalf of a person by the Court of Protection’ for the purposes of paragraph 44(1)(a) of Schedule 10 to the National Assistance (Assessment of Resources) Regulations 1992 (and therefore fell to be disregarded for the purpose of assessing liability to pay towards residential or home care. (It also fell within paragraph 44(1)(b), including to the extent that it was ‘drawn down’ to facilitate annual discretionary spending).Click here for the judgment.

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