2011 No. 1667 (W.191)

SOCIAL SERVICES, WALES

The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) (Amendment) Regulations 2011

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 57(1), (1A), (3), (5B), (5C), (6), (7) and (7B) and 64(4A), (6) and (8) of the Health and Social Care Act 20011 and sections 17A(1), (3) and (4) and 104(4) and 104A of the Children Act 19892.

Title, commencement, interpretation and applicationI11

1

The title of these Regulations is the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) (Amendment) Regulations 2011 and they come into force on 2 August 2011.

2

In these Regulations “the principal Regulations” (“y prif Reoliadau”) means the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 20113.

3

These Regulations apply in relation to Wales.

Annotations:
Commencement Information
I1

Reg. 1 in force at 2.8.2011, see reg. 1(1)

Amendment of the explanatory note to the principal RegulationsI22

In the explanatory note to regulation 7 of the principal Regulations, in the Welsh text, for “gweithredu ar ran person” substitute “bod yn ddirprwywr i berson”.

Annotations:
Commencement Information
I2

Reg. 2 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 7 of the principal RegulationsI33

1

Regulation 7 of the principal Regulations (prescribed powers for surrogates) is amended in accordance with the following paragraphs of this regulation.

2

In the Welsh text—

a

in the heading, for “lladmeryddion” substitute “dirprwywyr”, and

b

for “lladmerydd” substitute “dirprwywr”.

3

In the English text, for “lladmerydd” substitute “dirprwywr”.

Annotations:
Commencement Information
I3

Reg. 3 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 9 of the principal RegulationsI44

1

Regulation 9 of the principal Regulations (direct payments under section 57(1A) of the 2001 Act) is amended in accordance with the following paragraphs of this regulation.

2

In paragraph (2)(a)(iii), in the Welsh text, for “ladmerydd” substitute “ddirprwywr”.

3

In paragraph (4)(a), in the Welsh text, omit “neu adran 17A(1) o Ddeddf 1989”.

Annotations:
Commencement Information
I4

Reg. 4 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 10 of the principal RegulationsI55

In regulation 10 of the principal Regulations (amount and payment of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act), in paragraph (2), in the Welsh text—

a

for “P”, in the first place it appears, substitute “y person rhagnodedig”, and

b

for “P”, in the second place it appears, substitute “'r person rhagnodedig”.

Annotations:
Commencement Information
I5

Reg. 5 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 11 of the principal RegulationsI66

In regulation 11 of the principal Regulations (amount and payment of direct payments under section 57(1A) of the 2001 Act), in paragraph (6), in the Welsh text—

a

insert “y” between “wneud” and “taliad”, and

b

for “uniongyrchol o dan adran 57(1A) o Ddeddf 2001 er mwyn i'r person rhagnodedig” substitute “y cyfeirir ato ym mharagraff (1) mewn cysylltiad â'r person sy'n”.

Annotations:
Commencement Information
I6

Reg. 6 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 12 of the principal RegulationsI77

1

Regulation 12 of the principal Regulations (conditions in respect of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act) is amended in accordance with the following paragraphs of this regulation.

2

In paragraph (2)(c), in the Welsh text, insert “sy'n byw ar yr un aelwyd â'r person rhagnodedig ac” between “person” and “sy'n”.

3

In paragraph (5), in the Welsh text, insert “amodau” between “yr” and “y cyfeirir”.

Annotations:
Commencement Information
I7

Reg. 7 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 13 of the principal RegulationsI88

In regulation 13 of the principal Regulations (conditions in respect of direct payments under section 57(1A) of the 2001 Act), in paragraph (3)(c), in the Welsh text, insert “byw ar yr un aelwyd â P ac sy'n” between “person sy'n” and “dwyn”.

Annotations:
Commencement Information
I8

Reg. 8 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 17 of the principal RegulationsI99

1

Regulation 17 of the principal Regulations (review) is amended in accordance with the following paragraph of this regulation.

2

In paragraph (2), in the Welsh text—

a

for “nad yw” substitute “bod”, and

b

for “o”, between “adran 57(5A)” and “Ddeddf honno”, substitute “o'r”.

Annotations:
Commencement Information
I9

Reg. 9 in force at 2.8.2011, see reg. 1(1)

Amendment of regulation 19 of the principal RegulationsI1010

1

Regulation 19 of the principal Regulations (termination of direct payments under section 57(1A) of the 2001 Act) is amended in accordance with the following paragraph of this regulation.

2

In paragraph (6), in the Welsh text—

a

insert “uniongyrchol” between “daliadau” and “a wneir”,

b

in sub-paragraph (a), insert “buddiolwr” between “os yw'r” and “yn berson”, and

c

in sub-paragraph (c), omit “is met”.

Annotations:
Commencement Information
I10

Reg. 10 in force at 2.8.2011, see reg. 1(1)

Gwenda ThomasDeputy Minister for Children and Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers

(This note is not part of the Regulations)

The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011 (S.I. 2011/831 (W.125)) (“the principal Regulations”) revoked and replaced the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 (S.I. 2004/1748 (W.185)).

The principal Regulations make provision for the making of direct payments in respect of a person securing the provision of certain social care services which would be provided under the community care enactments mentioned in section 46(3) of the National Health Service and Community Care Act 1990 (local authority plans for community care services), to carers under section 2 of the Carers and Disabled Children Act 2000 (services for carers), or services under section 17 of the Children Act 1989 (provision of services for children in need, their families and others).

Regulations 3 to 10 of these Regulations make amendments to correct minor drafting and typographical errors in the Welsh text and make one consequential amendment to the English text of the principal Regulations.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As they only correct minor drafting and typographical errors in the principal Regulations, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.