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Local authority – Social services. The Administrative Court held that capital derived from the claimant's personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by the defendant local authority when deciding whether she could be required to contribute to the cost of care services she received. In reaching that conclusion, the court interpreted the meaning of 'Court of Protection' in para 44 of Sch 10 to the Income Support (General) Regulations 1987, SI 1987/1967, and held that the claimant's capital fell within both para 44(1)(a) and (b) of the Regulations.
Local authority – Social services. The Administrative Court held that capital derived from the claimant's personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by the defendant local authority when deciding whether she could be required to contribute to the cost of care services she received. In reaching that conclusion, the court interpreted the meaning of 'Court of Protection' in para 44 of Sch 10 to the Income Support (General) Regulations 1987, SI 1987/1967, and held that the claimant's capital fell within both para 44(1)(a) and (b) of the Regulations.
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