Comhairle nan Eilean SNP Group seek to change Comhairle policy on the home care charge costs and croft tenancies issue to comply with Legislation and resolve the current situation. The SNP Group invite Croft Tenants, elected Comhairle councillors and The Crofting Commission to contribute to this debate so that Comhairle Policy can be changed to comply with Legislation.
Care Homes costs are regulated by The National Assistance (Assessment of resources) Regulations 1992 and Schedule 4 capital to be disregarded, item 18 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 Croft Tenants though the Government regulated statutory conditions leases guaranteeing heritable security of tenure to Crofters and their families.
The Comhairle must comply with existing Government legislation and Comhairle Policy must be established to ensure that this is the case. There is currently a lack of Comhairle policy on many aspects of home care charge costs and croft tenancies which has been the cause of much disquiet.
Care Home charge costs are a personal debt to the individual receiving care as set out in the 1992 Regulations. It would be inconceivable to operate by making 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.
