The Care and Support (Direct Payments) (Wales) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out the circumstances when local authorities are either required or allowed to make direct payments under Part 4 of the Social Services and Well-being Act 2014 (“the Act”) as a way of meeting a person’s needs for care and support.

Regulation 2 sets out the circumstances when local authorities will be under a duty to make direct payments. The duty will apply in all cases when the conditions contained in sections 50, 51 or 52 of the Act are met except in cases to which regulation 14 applies. Regulation 3 provides that making direct payments discharges a local authority’s function (whether a duty or a discretion) to meet care and support needs.

Regulation 4 fulfils the requirement in section 53(5) of the Act that the Regulations include provision about steps a local authority must take to enable people to make informed choices about direct payments.

Regulation 5 sets out certain additional steps which must be taken by a local authority if the person for whose benefit the payments are to be made lacks capacity.

Regulation 6 sets out the circumstances when direct payments may be used to pay a person who is a relative and lives in the same household as the person for whose benefit they are made. Regulation 7 imposes a requirement requiring direct payments to be subject to conditions where the person for whose benefit they are made lacks capacity.

Regulation 8 gives local authorities discretion to make direct payments subject to conditions. Regulation 9 requires local authorities to decide whether to make payments as gross payments or net payments and to take a person’s financial circumstances into account in making that decision. Regulation 10 sets out when a local authority can terminate the arrangements for direct payments and require repayment.

Regulation 11 creates requirements about the frequency of reviews and the people that the local authority must involve in the review.

Regulation 12 makes provision to comply with the requirement in section 53(7) of the Act that the Regulations must specify the benefits whose receipt qualifies a person to receive direct payments without being subject to any contribution.

Regulation 13 contains provision about the termination of direct payments if an adult to whom direct payments are made loses capacity.

Regulation 14 applies in relation to a range of persons who are subject to requirements made by orders in the criminal justice system or licence requirements following sentence and which relate to the person’s drug or alcohol use. Local authorities are able to make direct payments to these persons but they can only do so on condition that payment is made to another person who is suitable and both persons agree to the arrangement.

Regulation 15 sets out the modifications which apply to persons whose entitlement is to after-care services under section 117 of the Mental Health Act 1983.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department for Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.