The Care and Support (Charging) and (Financial Assessment) (Wales) (Miscellaneous Amendments) Regulations 2025

Welsh Statutory Instruments

2025 No. 151 (W. 31)

Social Care, Wales

The Care and Support (Charging) and (Financial Assessment) (Wales) (Miscellaneous Amendments) Regulations 2025

Made

11 February 2025

Laid before Senedd Cymru

13 February 2025

Coming into force

7 April 2025

The Welsh Ministers, in exercise of the powers conferred by sections 50, 52, 53(3), 61, 64(1), 64(2)(b), 66 and 196(2) of the Social Services and Well-being (Wales) Act 2014(1), make the following Regulations.

Title and coming into force

1.—(1) The title of these Regulations is the Care and Support (Charging) and (Financial Assessment) (Wales) (Miscellaneous Amendments) Regulations 2025.

(2) These Regulations come into force on 7 April 2025.

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 “£43.90” substitute “£44.65”;

(b) in regulation 28 (minimum income amount where a person is provided with accommodation in a care home), for “£43.90” substitute “£44.65”.

Amendment of the Care and Support (Financial Assessment) (Wales) Regulations 2015

3.  In Schedule 2 (capital to be disregarded) to the Care and Support (Financial Assessment) (Wales) Regulations 2015(3), after paragraph 41 insert—

“42.   Any payment made to A by the Ministry of Defence under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme, under which payments are made to persons who were dismissed, discharged or forced to resign because of a ban on lesbian, gay, bisexual and transgender members of the armed forces of the Crown between 1967 and 2000.”

Dawn Bowden

Minister for Children and Social Care, under authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

11 February 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

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

The Charging 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 in the course of carrying out their functions under Part 4 of the Social Services and Well-being (Wales) Act 2014 (“the Act”). The Charging Regulations also contain parallel provisions setting out requirements which apply when a local authority makes direct payments to meet a person’s need for care and support.

The Financial Assessment Regulations make provision under the Act about the way in which a local authority must carry out a financial assessment of a person’s (“A”) financial resources in the following cases:

• where the authority thinks that if it were to meet A’s needs for care and support (or a carer’s needs for support) it would impose a charge under section 59 of the Act, or

• where the authority thinks that if it were to make payments towards meeting the cost of A’s needs for care and support (or a carer’s need for support) by making direct payments by virtue of section 50 or 52 of the Act, it would require A to pay, by way of reimbursement (in the case of gross payments) or contribution (in the case of net payments), towards the cost of securing the provision of that care and support.

Regulation 2 of these Regulations amends regulation 13 of the Charging Regulations (minimum income amount where a person is provided with accommodation in a care home) to increase the net weekly income amount from £43.90 to £44.65. Regulation 28 is also amended to make corresponding change for a recipient of direct payments.

Regulation 3(a)(i) of the instrument amends Schedule 2 to the Financial Assessment Regulations to disregard any payment made to A by the Ministry of Defence under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme for the calculation of an adult’s capital.

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 of Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

2014 anaw 4. See section 197(1) for the definitions of “regulations” and “specified”.

(2)

S.I. 2015/1843 (W. 271), amended by S.I. 2024/330 (W. 59); there are other amending instruments, but none is relevant.

(3)

S.I. 2015/1844 (W. 272), amended by S.I. 2017/214 (W. 58), S.I. 2019/234 (W. 53), S.I. 2022/99 (W. 35) and S.I. 2023/67 (W. 12).