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The Care and Support (Disputes about Ordinary Residence, etc.) (Wales) Regulations 2015

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Responsibility for meeting needs whilst dispute is unresolved

2.—(1) The authorities must not allow the existence of the dispute to prevent, delay, interrupt or otherwise adversely affect the meeting of the needs of the person to whom the dispute relates or a carer of that person.

(2) The local authority which is meeting the needs of the person or carer on the date on which the dispute arises must continue to meet those needs until the dispute is resolved.

(3) If no local authority is meeting the needs on the date on which the dispute arises—

(a)the local authority in whose area the person to whom the dispute relates is living, or

(b)if the person to whom the dispute relates is not living in the area of any local authority, the local authority in whose area that person is present

must, until the dispute is resolved, perform the duties under the Act in respect of the person and any carer of that person as if the person was ordinarily resident in its area.

(4) If the duty under paragraph (3) falls to be discharged by a local authority (“A”) which is not one of the authorities already a party to the dispute, those authorities must, without delay, bring to A’s attention—

(a)A’s duty under that paragraph, and

(b)A’s status as the lead authority for the purposes of these Regulations.

(5) A is not under the duties in these Regulations until the date on which it is aware of, or could reasonably be expected to have been aware of, its status as the lead authority.

(6) Where the dispute is about the application of section 56 (portability of care and support), the authorities must perform the duties under that section notwithstanding the existence of the dispute.

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