Social Care Charges (Wales) Measure 2010

Document Number:2010 nawm 2
 
FREE EXCERPT

A MEASURE of the National Assembly for Wales to make provision for and in connection with the imposition and recovery of charges for the provision of non-residential social care services.

[17 March 2010]

This Measure, passed by the National Assembly for Wales on 19 January 2010 and approved by Her Majesty in Council on 17 March 2010 , enacts the following provisions:—

1 General power to charge for care services

(1) A local authority in Wales which provides, or makes arrangements for the provision of, a chargeable service may (but does not have to) impose a reasonable charge for the service.

(2) A reasonable charge is such amount as the authority concerned determines reasonable.

(3) But subsections (1) and (2) are subject to—

(a) section 2 (maximum charges);

(b) section 3 (persons and services in respect of which charges must not be imposed);

(c) section 8(1) (effect of determinations as to ability to pay); and

(d) any regulations made by the Welsh Ministers under section 16 of the Community Care (Delayed Discharges etc) Act 2003 (c. 5) (free provision of services in Wales).

(4) A local authority has the power to recover a charge imposed under this section.

(5) Without prejudice to the generality of subsection (4) , a charge imposed under this section may be recovered summarily as a civil debt.

2 Maximum charges

(1) In determining for the purposes of section 1(2) a reasonable charge for a chargeable service, a local authority must act in accordance with regulations made by the Welsh Ministers under subsection (2).

(2) The Welsh Ministers may make provision in regulations for and in connection with controlling and limiting the determinations that a local authority may make under section 1(2).

(3) The provision that may be made in the regulations includes (but is not limited to) provision—

(a) specifying an amount which must be considered the maximum reasonable charge for a chargeable service, or combination of chargeable services;

(b) setting out a formula for determining the amount which must be considered the maximum reasonable charge for a chargeable service, or combination of chargeable services;

(c) requiring, in the case of a specified chargeable service, or combination of chargeable services, a local authority to fix a charge by reference to a specified period of time;

(d) in relation to a charge referred to in paragraph (c) , specifying the amount which must be considered the maximum reasonable charge;

(e) in relation to a charge referred to in paragraph (c) , setting out a formula for determining the amount which must be considered the maximum reasonable charge.

3 Persons and services in respect of which charges must not be imposed

(1) The Welsh Ministers may by regulations make provision specifying categories of person, chargeable service or combinations of chargeable services (or categories of person in respect of a particular service or combination of chargeable services) in respect of which a charge must not be imposed under section 1.

(2) The provision that may be made in the regulations includes (but is not limited to) provision—

(a) specifying categories of person by reference to that or another person’s entitlement to or receipt of specified payments, facilities, services or benefits in kind;

(b) specifying categories of person by reference to their age or their needs;

(c) specifying categories of service or combinations of services by reference to the period of time for which they are provided.

(3) Accordingly, sections 4 to 12 do not apply to—

(a) services or combinations of services specified in regulations under subsection (1) , or

(b) services received by persons so specified.

4 Invitation to request means assessment

(1) A local authority must invite a person to request a means assessment under section 5(1)—

(a) if it is reasonably practicable to do so, when the authority offers the person a chargeable service;

(b) if it has not been reasonably practicable to give an invitation as mentioned in paragraph (a) , as soon as reasonably practicable after the offer was made;

(c) if an invitation has not been given under paragraph (a) or (b) prior to provision of a service commencing, as soon as reasonably practicable thereafter; or

(d) in relation to a person who is being provided with a chargeable service, in such cases as may be specified in regulations made by the Welsh Ministers.

(2) Where an invitation is required to be given to a person under subsection (1) , the local authority must not—

(a) impose, or

(b) in a case where regulations under subsection (1)(d) impose a duty in a case where a charge has already been imposed, alter,

a charge for the service in question under section 1(1) unless the requirements set out in subsection (3) have been satisfied.

(3) The requirements are that—

(a) the invitation has been given; and

(b) where the person responds to the invitation in accordance with, and by the time specified in, regulations made by the Welsh Ministers, the authority has complied with its obligations under sections 5 and 7.

(4) The Welsh Ministers may by regulations make provision—

(a) as to the form and content of invitations under subsection (1); and

(b) as to the manner in which such invitations are to be given.

5 Duty to carry out a means assessment

(1) Where each of the conditions in section 6 is met, a local authority must carry out an assessment of the financial means of a person who requests such an assessment.

(2) But a local authority is under no duty to carry out a means assessment under subsection (1)—

(a) in such cases as may be specified in regulations made by the Welsh Ministers; or

(b) if the authority is relieved of that duty under subsection (5).

(3) A means assessment under subsection (1) must be carried out in accordance with regulations made by the Welsh Ministers.

(4) The provision...

To continue reading

REQUEST YOUR TRIAL