The Care and Support (Charging) (Wales) and Land Registration Rules (Miscellaneous Amendments) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Care and Support (Charging) (Wales) Regulations 2015 (“the 2015 Regulations”) and the Land Registration Rules 2003 (“the Rules”).

The 2015 Regulations set out the requirements which local authorities must follow when making a determination of the amount of the charges which apply in relation to care and support, which they are providing or arranging or propose to provide or arrange in the course of carrying out their functions under Part 4 of the Social Services and Well-being (Wales) Act 2014 (“the Act”). The 2015 Regulations also contain parallel provisions setting out requirements which apply where a local authority makes direct payments to meet a person’s need for care and support.

These Regulations amend Part 2 of the 2015 Regulations (charging under Part 5 of the Act) as follows:

• the amount of the maximum weekly charge for non-residential care and support is increased from £90 to £100.

• the weekly minimum income amount where a person is provided with accommodation in a care home is increased from £29.50 to £32.

These Regulations amend Part 4 of the 2015 Regulations (contributions and reimbursements for direct payments) as follows:

• the amount of the maximum weekly contribution or reimbursement for non-residential care and support is increased from £90 to £100.

• the net weekly minimum income amount where a person is provided with accommodation in a care home and receives direct payments under the Act increased from £29.50 to £32.

These Regulations amend the Rules to correct an error made in the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016, and insert the correct provision of the Act in Part 8 and Schedule 4 to the Rules. Part 8 and Schedule 4 deal with restrictions within the meaning of section 40 of the Land Registration Act 2002.

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