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The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

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Prescribed descriptions of persons — community care services and services for carers

3.—(1) For the purposes of section 57(1) of the 2001 Act, a person falling with section 57(2) of that Act(1) is of a prescribed description if—

(a)he or she is a person who appears to the responsible authority to be capable of managing a direct payment by himself or herself, or with such assistance as may be available to him or her; and

(b)he or she falls within a description in paragraph (2); unless

(c)he or she is a person to whom Schedule 1 applies.

(2) The descriptions are —

(a)a person to whom section 29 of the National Assistance Act 1948(2) applies;

(b)a person (not being a person falling within sub-paragraph (a)) referred to in section 57(2)(a) of the 2001 Act (persons in respect of whom a local authority have decided his or her needs call for the provision of a particular community care service) who is aged over 65;

(c)a person in respect of whom the responsible authority has decided under section 2(1) of the Carers and Disabled Children Act 2000 (services for carers) to provide him or her with a particular service under that Act.

(1)

A person falls within section 57(2) of the 2001 Act if the responsible authority has decided: (i) that his or her needs call for the provision by them of a particular community care service; or (ii) to provide him or her with a particular service by virtue of section 2(1) of the Carers and Disabled Children Act 2000.

(2)

1948 c. 47. Section 29 applies to “persons aged eighteen or over who are blind, deaf or dumb or who suffer from mental disorder of any description, and other persons aged eighteen or over who are substantially and permanently handicapped by illness, injury, or congenital deformity or such other disabilities as may be prescribed…”.

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