Social Care Charges (Wales) Measure 2010 Explanatory Notes

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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