*/
Local authority – Residential care home. The Administrative Court allowed the claimant's application for judicial review of the defendant local authority's decision to uphold its reversal of a previous decision to disregard a property (the property) owned by the claimant's mother, MW, in calculating MW's ability to pay care home charges pursuant to s 22 of the National Assistance Act 1948 and the National Assistance (Assessment of Resources) Regulations 1992, SI 1992/2977. For the purposes of para 2(1)(b) of sch 4 to the Regulations, 'home' was to be construed as 'only or main home.' In the instant case, the authority had not adopted the correct legal test as it appeared to have applied a test of actual occupation and/or permanent residence. Further, the authority had erred in interpreting the Regulations as requiring it only to review the position that pertained at the time that MW went into long term care, and in failing to consider whether the claimant had occupied the property as her home since that point. Finally, the authority had failed to take into account relevant considerations.
Local authority – Residential care home. The Administrative Court allowed the claimant's application for judicial review of the defendant local authority's decision to uphold its reversal of a previous decision to disregard a property (the property) owned by the claimant's mother, MW, in calculating MW's ability to pay care home charges pursuant to s 22 of the National Assistance Act 1948 and the National Assistance (Assessment of Resources) Regulations 1992, SI 1992/2977. For the purposes of para 2(1)(b) of sch 4 to the Regulations, 'home' was to be construed as 'only or main home.' In the instant case, the authority had not adopted the correct legal test as it appeared to have applied a test of actual occupation and/or permanent residence. Further, the authority had erred in interpreting the Regulations as requiring it only to review the position that pertained at the time that MW went into long term care, and in failing to consider whether the claimant had occupied the property as her home since that point. Finally, the authority had failed to take into account relevant considerations.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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