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The Carers (Services) and Direct Payments (Amendment) (Wales) Regulations 2001

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Services of an intimate nature and prescribed circumstances

2.—(1) For the purposes of section 2(3) of the Act a service delivered to the person cared for is of an intimate nature if it involves—

(a)lifting, washing, grooming, feeding, dressing, bathing, toileting, administering medicines, or activities of a similar kind involving physical contact with the person cared for;

(b)assistance in connection with washing, grooming, feeding, dressing, bathing administration of medicines or using the toilet; or

(c)supervising the person whilst the person is dressing, bathing, or using the toilet.

(2) Where a service is being delivered to the person cared for the circumstances in which the service may include a service of an intimate nature are where—

(a)during the delivery of that service the person cared for asks the person delivering the service to provide a service of an intimate nature; or

(b)the person cared for is in a situation in which he or she is likely to suffer serious personal harm unless a service of an intimate nature is provided to him or her and

(i)the person cared for is unable to consent to the provision of that service, or

(ii)the person providing the service reasonably believes it is necessary to provide that service because the likelihood of serious personal harm to the person cared for is imminent.

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