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Social Care Charges (Wales) Measure 2010

Section 1 – General power to charge for care services

3.Section 1(1) and (2) provide that a local authority in Wales providing a chargeable service may charge for that service such amount as it considers reasonable (for a description of the chargeable services to which the Measure relates see the notes on section 13).  Section 1(3) provides that this power shall be subject, however, to a number of legislative provisions referred to in subsection (3) which are:

  • the provisions of section 2 on maximum charges;

  • the provisions of section 3 about persons and services in respect of which charges must not be imposed;

  • the provisions of section 8(1) (effect of determinations as to ability to pay); and

  • any regulations made by the Welsh Ministers under section 16 of the Community Care (Delayed Discharges etc) Act 2003 (free provision of services in Wales).

4.Subsections (4) and (5) provide a power for a local authority to recover a charge for services to which this Measure applies, and in particular to recover it as a civil debt in court proceedings.

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Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.


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