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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various Regulations made under Parts 4 and 5 of the Social Services and Well-being (Wales) Act 2014 (“the Act”).

Regulation 2 amends regulation 2 of the Care and Support (Choice of Accommodation) (Wales) Regulations 2015 to make it clear that the local authority’s duty to provide choice of accommodation does not apply where a person’s need for the provision of accommodation is short term. A definition of “short term” is then inserted in regulation 1(3) as meaning a period not exceeding 8 weeks.

Regulation 3 amends the Care and Support (Charging) (Wales) Regulations 2015. Paragraphs (b) and (h) amend the amount of the maximum weekly charge for non-residential care and support. This has been revised from £60 to £70. Paragraph (d) corrects a drafting error to make it clear that regulation 9 applies in relation to the charges for residential care and support. Paragraph (e) amends regulation 11 to establish two different capital limits – one that will apply to charging for residential care which will increase to £30,000 and one that will apply to charging for non-residential care which will be maintained at the current level of £24,000. Paragraph (j) makes a consequential amendment to regulation 26 to reflect the fact that there are two capital limits. Paragraphs (f) and (k) amend regulations 13 and 28 respectively to increase the weekly minimum income amount where a person is provided with accommodation in a care home from £26.50 to £27.50. Paragraph (g) amends regulation 15 to make it clear that following a revised financial assessment, a further statement must be issued to the care recipient and the revised charge becomes payable (and may be backdated) from the date when the circumstance that gave rise to the revised determination arose. Paragraph (l) makes the same amendment to regulation 30 in respect of revised determinations of direct payments.

Regulation 4 amends the Care and Support (Financial Assessment) (Wales) Regulations 2015. Schedule 1 makes provision in respect of the sums that are to be disregarded when a local authority is calculating income for the purposes of the Act. Paragraphs (a) and (b) substitute paragraph 16 so that a full disregard will apply to charging for residential and non-residential care and support in respect of sums received under the War Disablement Pension.

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 Health and Social Services Group, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.