The Care and Support (Charging) (Wales) (Amendment) Regulations 2021

Welsh Statutory Instruments

2021 No. 255 (W. 68)

Social Care, Wales

The Care and Support (Charging) (Wales) (Amendment) Regulations 2021

Made

5 March 2021

Laid before Senedd Cymru

8 March 2021

Coming into force

12 April 2021

The Welsh Ministers, in exercise of the powers conferred by sections 50, 52, 53(3), 61, 196(2) and 198(1) of the Social Services and Well-being (Wales) Act 2014(1), make the following Regulations.

Title and commencement

1.—(1) The title of these Regulations is the Care and Support (Charging) (Wales) (Amendment) Regulations 2021.

(2) These Regulations come into force on 12 April 2021.

Amendment of the Care and Support (Charging) (Wales) Regulations 2015

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

(a) in regulation 13 (minimum income amount where a person is provided with accommodation in a care home) for “£32” substitute “£33”;

(b) in regulation 28 (minimum income amount where a person is provided with accommodation in a care home) for “£32” substitute “£33”.

Julie Morgan

Deputy Minister for Health and Social Services under the authority of the Minister for Health and Social Services, one of the Welsh Ministers

5 March 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Care and Support (Charging) (Wales) Regulations 2015 (“the 2015 Regulations”).

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) so that the weekly minimum income amount where a person is provided with accommodation in a care home is increased from £32 to £33.

These Regulations amend Part 4 of the 2015 Regulations (contributions and reimbursements for direct payments) so that the net weekly minimum income amount where a person is provided with accommodation in a care home and receives direct payments under the Act is increased from £32 to £33.

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.

(1)

2014 anaw 4.

(2)

S.I. 2015/1843 (W. 271); amended by S.I. 2017/214 (W. 58), S.I. 2018/123 (W. 29), S.I. 2019/234 (W. 53), and S.I. 2020/131 (W. 24).