The Care and Support (Choice of Accommodation, Charging and Financial Assessment) (Miscellaneous Amendments) (Wales) Regulations 2017

Amendments to the Care and Support (Charging) (Wales) Regulations 2015

3.  The Care and Support (Charging) (Wales) Regulations 2015(1) are amended as follows—

(a) in regulation 1(4)—

(i) omit the definition of “capital limit”;

(ii) in the appropriate place insert the following—

““relevant capital limit” (“terfyn cyfalaf perthnasol”) means the maximum amount of capital, assessed in accordance with the Financial Assessment Regulations, which a chargeable person may have depending on whether their need is for care and support which is residential or non-residential, above which that person will be required, in accordance with regulation 11 to meet the standard charge in full;”;

(iii) in the definition of “financial limit” for “capital limit” substitute “relevant capital limit”;

(b) in regulation 7(1) for “£60” substitute “£70”;

(c) in regulation 8(3)(d) for “(capital limit)” substitute “(relevant capital limit)”;

(d) in regulation 9(1) for “non-residential” substitute “residential”;

(e) in regulation 11 (capital limit)—

(i) in paragraph (1) for “capital limit” substitute “relevant capital limit”;

(ii) for paragraph (2) substitute—

“(2) The following are the financial limits for the purposes of section 66(5) of the Act—

(a) the relevant capital limit for the purposes of residential care is £30,000;

(b) the relevant capital limit for the purposes of non-residential care is £24,000.”;

(iii) in paragraph (3) for “capital limit” substitute “relevant capital limit”;

(iv) in the heading of regulation 11 for “Capital limit” substitute “Relevant capital limit”;

(f) in regulation 13 (minimum income amount where a person is provided with accommodation in a care home), for “£26.50” substitute “£27.50”;

(g) in regulation 15 (revised determination),for paragraph (2) substitute—

“(2) Where a local authority makes a further determination of A’s ability to pay a charge in accordance with this regulation—

(a) it must provide A with a statement of the revised determination; and

(b) it must reimburse A for any overcharge for care and support which was provided or arranged before the revised determination; or

(c) it may require A to pay any additional charge for care and support which was provided or arranged before the revised determination.”;

(h) in regulation 22(1) for “£60” substitute “£70”;

(i) in regulation 23(3)(d) for “(capital limit)” substitute “(relevant capital limit)”;

(j) in regulation 26 (capital limits-direct payments)—

(i) in paragraphs (1) and (2) for “capital limit” substitute “relevant capital limit”;

(ii) in the heading of regulation 26 for “Capital limit-direct payments” substitute “Relevant capital limit – direct payments”;

(k) in regulation 28 (minimum income amount where a person is provided with accommodation in a care home) for “£26.50” substitute “£27.50”;

(l) in regulation 30 (revised determination – direct payments) for paragraph (2) substitute—

“(2) Where a local authority makes a further determination of B’s ability to pay a contribution or reimbursement in accordance with this regulation—

(a) it must provide B with a statement of the revised determination; and

(b) it must reimburse B for any overcharge of a contribution or reimbursement made before the revised determination; or

(c) it may require B to pay any additional contribution or reimbursement in relation to any payments made before the revised determination.”

(1)

S.I. 2015/1843 (W. 271).