SNP group want clarity from the Comhairle

Comhairle nan Eilean’s SNP Group is seeking to effect change to the current Comhairle policy on home care charge costs in specific relation to crofting tenancies which the group claim do not comply with the current legislation.
The SNP group say the council are not complying with current legislation on the issue of care home charges for crofting tenants, and are calling for changes.The SNP group say the council are not complying with current legislation on the issue of care home charges for crofting tenants, and are calling for changes.
The SNP group say the council are not complying with current legislation on the issue of care home charges for crofting tenants, and are calling for changes.

They have said that a resolve to the current situation must be found as soon as possible.

The SNP Group are inviting crofting tenants, elected Comhairle councillors and The Crofting Commission to contribute to this debate in an attempt to change the current policy adopted and operated by the Comhairle.

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A spokesman for the SNP group said: “Care home costs are regulated by The National Assistance (Assessment of resources) Regulations 1992 and schedule four details which capital can be disregarded, item 18 of schedule four is very clear that:‘The value of any premises occupied in whole or in part by a third party where the local authority consider it would be reasonable to disregard the value of those premises’.

“This establishes quite clearly, that crofts and croft houses which are premises occupied in whole or part by a third party are to be disregarded.

“Crofts and the permanent improvements to croft land, which are houses, steadings, roads, drains, fences and ameliorations, are occupied by the landowner but leased to crofting tenants though Government regulated statutory condition leases guaranteeing heritable security of tenure to crofters and their families.

“The Comhairle must comply with existing legislation and policy must be established to ensure that this is the case. There is currently a lack of such on many aspects of home care charging costs and croft tenancies which has been the cause of much disquiet.

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“Care home charges are a personal debt to the individual receiving care as set out in the 1992 Regulations. It would be inconceivable to make personal debt heritable and yet the Comhairle’s lack of policy allows this and it must cease continuing to make the personal debt of care home costs a heritable debt.”

A spokesman for the Comhairle said: “The Comhairle continues to meet its legal obligations.”

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