February 2015 Care Act & Immigration Status

Section 21 of the Care Act applies restrictions on local authorities providing services under Part 1 of the Act (including preventative services under s2) to an adult whose needs for care and support have arisen solely because the adult is destitute.

The effect of this provision is to extend the ‘destitution plus’ test to all forms of care and support which may be provided under the Act. At present there is no prohibition on local authorities providing services under for example, the Chronically Sick and Disabled Persons Act 1970. After some consideration, the Government has now clarified that aftercare under the Mental Health Act 1983 (s117) will continue to be provided without restriction due to immigration status for the present.

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