Yule v South Lanarkshire Council (The Times, 18 May 1998) Scottish Court of Session (Outer House)

Deprivation of assets – time limits – Health and Social Services and Social Security Adjudications Act 1983

In assessing the ability to pay for residential accommodation, a local authority is entitled to treat persons as possessing actual capital of which they have deprived themselves for the purpose of decreasing the amount that they may be liable to pay for their accommodation, notwithstanding the fact that they deprived themselves of the capital outside the six-month period referred to in s21 Health and Social Services and Social Security Adjudications Act 1983. Whether a person has deprived him/herself of capital in order to decrease the amount that he or she may be liable to pay for residential accommodation, for the purposes of National Assistance (Assessment of Resources) Regulations 1992, is a question of fact for the local authority.

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