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Recovery of Expenditure for Provision of Social Care Consultation on Regulations and Revised Guidance Ordinary Residence

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Footnotes

1. By virtue of section 5 of the Social Work (Scotland) Act 1968, local authorities shall perform their functions under the general guidance of Scottish Ministers.
2. This guidance also relates to accommodation or services provided under certain provisions in the Children (Scotland) Act 1995 and the Mental Health (Care and Treatment) (Scotland) Act 2003. See "Responsibility for funding care" below.
3. As inserted by section 65 of the Adult Support and Protection (Scotland) Act 2007.
4. All case studies are fictitious.
5. As made by section 65 of the Adult Support and Protection (Scotland) Act 2007.
6. See also the Community Care (Free Personal and Nursing Care) (Scotland) Regulations 2002 (S.S.I. 2002/303) as amended by S.S.I. 2008/78.
7. Local connection for these purposes is defined in section 27 of the Housing (Scotland) Act 1987 - further information can be found in the Code of Guidance on Homelessness. http://www.scotland.gov.uk/Publications/2005/05/31133334/33366
(8) 1968 c. 49. Section 86(6) and (7) was inserted by section 65(1) of the Adult Support and Protection Act 2007 (asp 10).
9. NB The regulation and guidance apply to inter Scottish moves only. Work on cross border arrangements is ongoing.

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Page updated: Wednesday, October 22, 2008