The Preserved Rights (Transfer of Responsibilities to Local Authorities) (Wales) Regulations 2001

Citation, commencement, interpretation and application

1.—(1) These Regulations, which may be cited as the Preserved Rights (Transfer of Responsibilities to Local Authorities) (Wales) Regulations 2001 shall come into force on 19th December 2001.

(2) In these Regulations —

(a) “the Act” (“y Ddeddf”) means the Health and Social Care Act 2001 and references to sections are to sections of that Act;

(b) “the appointed day” (“y diwrnod penodedig”) means the day appointed under section 70 for the coming into force of section 50(1);

(c) “the Income Support Regulations” (“y Rheoliadau Cymhorthdal Incwm”) means the Income Support (General) Regulations 1987(1); and

(d) “responsible authority” (“awdurdod cyfrifol”) is to be construed in accordance with section 50(3).

(3) These Regulations apply to Wales only.

Persons with preserved rights where local authorities' responsibilities do not apply

2.—(1) For the purposes of section 50(8) no part of sections 50(3) to (7) (local authorities' responsibilities in preserved rights cases) applies to a person specified for the purposes of this regulation in paragraph (2) below.

(2) A person specified for the purposes of this regulation is a person who in respect of the day immediately before the appointed day —

(a) is not entitled to income support under section 124(1) of the Social Security Contributions and Benefits Act 1992(2), or is so entitled but does not have a preserved right for the purposes of regulation 19 of the Income Support Regulations; or

(b) is being provided with after-care services in accordance with the requirement in section 117 of the Mental Health Act 1983(3).

Recovery of amounts in respect of payments by local authorities

3.—(1) This regulation applies where a responsible authority has made a payment in respect of a person pursuant to section 50(6) (liability of responsible authority to make payments under arrangements existing at the appointed day where services are not provided from that day in accordance with section 50(3) to (5)).

(2) For the purposes of section 50(7) the amount which is recoverable from the person is the amount which would be recoverable under section 22 of the National Assistance Act 1948(4) and regulations made under that section(5) if the accommodation were provided by the responsible authority under Part III of that Act, and if the standard rate fixed for the accommodation referred to in section 22 of that Act, and regulations made under it, were the amount of the payment made by the authority pursuant to section 50(6).

Ordinarily resident

4.—(1) A person is to be treated as ordinarily resident in any premises for the purposes of section 50 if the person is in fact resident in such premises or is temporarily absent from such premises.

(2) For the purposes of this regulation “temporarily absent” means absent for a period which does not exceed —

(a) unless throughout the period of absence the person was a patient —

(i) 4 weeks, where the person was before the period of absence a temporary resident in relevant premises;

(ii) 13 weeks, where the person was before the period of absence a permanent resident in relevant premises;

(b) 52 weeks, where throughout the period of absence the person was a patient.

(3) For the purposes of this regulation —

(a) a “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975(6); and

(b) a person is a permanent resident in relevant premises where those premises are the person’s principal place of abode, and a temporary resident where such premises are not the person’s principal place of abode.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(7)

D. Elis-Thomas

The Presiding Officer of the National Assembly

12th December 2001