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Social Services and Well-being (Wales) Act 2014

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This is the original version (as it was originally enacted).

189Provider failure: temporary duty on local authority

This section has no associated Explanatory Notes

(1)This section applies where a person registered under Part 2 of the Care Standards Act 2000 in respect of an establishment or agency (within the meaning of that Act) becomes unable to carry on or manage the establishment or agency because of business failure.

(2)A local authority must for so long as it considers necessary (and in so far as it is not already required to do so) meet—

(a)those of an adult’s needs for care and support, and

(b)those of a relevant carer’s needs for support,

which were, immediately before the registered person became unable to carry on or manage the establishment or agency, being met in the authority’s area by the establishment or agency (but this is subject to section 190).

(3)A local authority is required to meet needs under subsection (2) regardless of—

(a)whether the relevant person is ordinarily resident in its area;

(b)whether the authority has carried out a needs assessment or a financial assessment;

(c)whether the authority would otherwise have a duty to meet those needs under this Act.

(4)A local authority may impose a charge for meeting needs under subsection (2) (except in so far as those needs are met by the provision of information or advice).

(5)A charge under subsection (4)—

(a)may be imposed only in respect of needs which were not, immediately before the registered person became unable to carry on or manage the establishment or agency, being met—

(i)under arrangements made by a local authority discharging its duty under section 35 or 40, or exercising its power under section 36 or 45, or

(ii)by the provision of accommodation or services all or part of the cost of which was paid for by direct payments made by virtue of section 50 or 52;

(b)may cover only the cost that the local authority incurs in meeting those needs.

(6)Sections 60 to 67, 70, 71 and 73 apply to charging under subsection (4) as they apply to charging under section 59, and accordingly a local authority’s power to impose a charge under that subsection is subject to—

(a)the provision made in regulations under section 61 or 62 (if any), and

(b)the authority’s duties under sections 63, 66 and 67 (if applicable).

(7)If the relevant person is not ordinarily resident in the area of the local authority which is required to meet needs under subsection (2), the authority—

(a)must, in meeting needs under that subsection which were being met under arrangements made by another local authority discharging its duty under section 35 or 40 or exercising its power under section 36 or 45, co-operate with that authority;

(b)must, in meeting needs under that subsection which were being met under arrangements all or part of the cost of which was paid for by another local authority by means of direct payments made by virtue of section 50 or 52, co-operate with that authority;

(c)may recover from the other local authority mentioned in paragraph (a) or (b) the cost it incurs in meeting those of the adult’s needs or the relevant carer’s needs referred to in the paragraph in question.

(8)Any dispute between local authorities about the application of this section is to be determined under section 195 as if it were a dispute of the type mentioned in subsection (1) of that section.

(9)In this section and (where relevant) in section 190 and 191—

  • “registered person” (“person cofrestredig”), in relation to an establishment or agency, means the person registered under Part 2 of the Care Standards Act 2000 in respect of that establishment or agency;

  • “relevant carer” (“gofalwr perthnasol”) means a carer who—

    (a)

    is an adult, and

    (b)

    provides or intends to provide care for another adult;

  • “relevant person” (“person perthnasol”) means—

    (a)

    in a case involving an adult’s needs for care and support, that adult;

    (b)

    in a case involving a relevant carer’s needs for support, the adult needing care.

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