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

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 50 of the Health and Social Care Act 2001 (“the 2001 Act”) which relates to the removal of prohibitions against local authorities providing accommodation to persons who were in such accommodation on 31st March 1993 (“preserved rights cases”). They apply to Wales only.

Regulation 2 provides exceptions to the duties imposed by sections 50(3) to (7) of the 2001 Act on local authorities to ensure the provision of community care services for people who were preserved rights cases before the day appointed for the coming into force of section 50(1). The exceptions relate to a person who, in respect of the day before the appointed day, is not entitled to income support, or is so entitled but not at the preserved rights rate, or is being provided with after-care services under section 117 of the Mental Health Act 1983.

Regulation 3 provides for the amount that can be recovered where, under section 50(6) of the 2001 Act, certain authorities are responsible for payments under arrangements which existed before the appointed day (“the existing arrangements”) and which will continue until community care services are provided. The amount provided for is the same as the amount which could be recovered under section 22 of the National Assistance Act 1948 and related regulations if the existing arrangements were the provision of accommodation by the authority under Part III of the 1948 Act and the standard rate fixed for the accommodation was the payment made by the authority for the existing arrangements.

Regulation 4 makes provision for the circumstances in which a person is to be treated as ordinarily resident for the purposes of section 50 of the 2001 Act.