welfare rights adviser, sefton metropolitan borough council, liverpool. Member since 22nd Jan 2004
RE: Direct payments residence conditions Tue 12-Jun-07 04:36 PM
This requires some tracing. The provision of direct payments is first found under section 57 of the Health and Social Care Act 2001. This then traces back to section 46 of the ational Health and Community Care Act 1990. This then traces back to the National Assistance Act 1948 where you will find a defintion of "ordinary resident".
There are other Acts that link the H&SC Act and the NA Act but the effects are the same.
Basically Local Authories are only legally obliged to provide services to people who are ordinarily resident in their area. This includes out of borough placements.