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The Care and Support (Choice of Accommodation, Charging and Financial Assessment) (Miscellaneous Amendments) (Wales) Regulations 2017

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Title, commencement and application

1.—(1) The title of these Regulations is the Care and Support (Choice of Accommodation, Charging and Financial Assessment) (Miscellaneous Amendments) (Wales) Regulations 2017.

(2) These Regulations come into force on 10 April 2017 and apply in relation to Wales.

Amendments to the Care and Support (Choice of Accommodation) (Wales) Regulations 2015

2.  The Care and Support (Choice of Accommodation) (Wales) Regulations 2015(1) are amended as follows—

(a)in regulation 1(3) in the appropriate place insert the following—

“short term” (“byrdymor” ) means a period not exceeding 8 weeks.;

(b)in regulation 2(a) after “Kingdom” insert “which is not short term”.

Amendments to the Care and Support (Charging) (Wales) Regulations 2015

3.  The Care and Support (Charging) (Wales) Regulations 2015(2) are amended as follows—

(a)in regulation 1(4)—

(i)omit the definition of “capital limit”;

(ii)in the appropriate place insert the following—

“relevant capital limit” (“terfyn cyfalaf perthnasol”) means the maximum amount of capital, assessed in accordance with the Financial Assessment Regulations, which a chargeable person may have depending on whether their need is for care and support which is residential or non-residential, above which that person will be required, in accordance with regulation 11 to meet the standard charge in full;;

(iii)in the definition of “financial limit” for “capital limit” substitute “relevant capital limit”;

(b)in regulation 7(1) for “£60” substitute “£70”;

(c)in regulation 8(3)(d) for “(capital limit)” substitute “(relevant capital limit)”;

(d)in regulation 9(1) for “non-residential” substitute “residential”;

(e)in regulation 11 (capital limit)—

(i)in paragraph (1) for “capital limit” substitute “relevant capital limit”;

(ii)for paragraph (2) substitute—

(2) The following are the financial limits for the purposes of section 66(5) of the Act—

(a)the relevant capital limit for the purposes of residential care is £30,000;

(b)the relevant capital limit for the purposes of non-residential care is £24,000.;

(iii)in paragraph (3) for “capital limit” substitute “relevant capital limit”;

(iv)in the heading of regulation 11 for “Capital limit” substitute “Relevant capital limit”;

(f)in regulation 13 (minimum income amount where a person is provided with accommodation in a care home), for “£26.50” substitute “£27.50”;

(g)in regulation 15 (revised determination),for paragraph (2) substitute—

(2) Where a local authority makes a further determination of A’s ability to pay a charge in accordance with this regulation—

(a)it must provide A with a statement of the revised determination; and

(b)it must reimburse A for any overcharge for care and support which was provided or arranged before the revised determination; or

(c)it may require A to pay any additional charge for care and support which was provided or arranged before the revised determination.;

(h)in regulation 22(1) for “£60” substitute “£70”;

(i)in regulation 23(3)(d) for “(capital limit)” substitute “(relevant capital limit)”;

(j)in regulation 26 (capital limits-direct payments)—

(i)in paragraphs (1) and (2) for “capital limit” substitute “relevant capital limit”;

(ii)in the heading of regulation 26 for “Capital limit-direct payments” substitute “Relevant capital limit – direct payments”;

(k)in regulation 28 (minimum income amount where a person is provided with accommodation in a care home) for “£26.50” substitute “£27.50”;

(l)in regulation 30 (revised determination – direct payments) for paragraph (2) substitute—

(2) Where a local authority makes a further determination of B’s ability to pay a contribution or reimbursement in accordance with this regulation—

(a)it must provide B with a statement of the revised determination; and

(b)it must reimburse B for any overcharge of a contribution or reimbursement made before the revised determination; or

(c)it may require B to pay any additional contribution or reimbursement in relation to any payments made before the revised determination.

Amendment to the Care and Support (Financial Assessment) (Wales) Regulations 2015

4.  Part 1 (sums to be disregarded) of Schedule 1 (sums to be disregarded in the calculation of income) to the Care and Support (Financial Assessment) (Wales) Regulations 2015(3) is amended as follows—

(a)for paragraph 16 substitute—

16.  Any amount which would be disregarded under paragraph 16 of Schedule 9 to the Income Support Regulations (specified pensions) save for paragraph 16(a) and (cc), but as if the reference in paragraph 16 of that Schedule to paragraphs 36 and 37 of Schedule 9 to the Income Support Regulations were a reference to paragraph 46 of this Schedule.;

(b)after paragraph 16 insert—

16A.  Any payment received under the War Disablement Pension.

Rebecca Evans

Minister for Social Services and Public Health under authority of the Cabinet Secretary for Health, Well-being and Sport, one of the Welsh Ministers

27 February 2017

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