Coronavirus Act 2020

PART 2 Powers and duties of local authorities in Wales

Introductory

19 (1) In this Part of this Schedule “SSW(W)A 2014” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(2) Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the same meaning in this Part of this Schedule as in that Act.

Assessing needs for care and support

20 A local authority does not have to comply with any duties imposed by—

(a) section 19 of SSW(W)A 2014 (duty to assess the needs of an adult for care and support), or

(b) any regulations made under section 30 of that Act, so far as relating to needs assessments under section 19;

(and accordingly section 20 of that Act (refusal of a needs assessment for an adult) does not apply).

21 In the case of any carer who is an adult, a local authority does not have to comply with any duties imposed by—

(a) section 24 of SSW(W)A 2014 (duty to assess the needs of a carer for support), or

(b) any regulations made under section 30 of that Act, so far as relating to needs assessments under section 24;

(and accordingly section 25 of that Act (refusal of a needs assessment for an adult carer) does not apply).

22 (1) This paragraph applies in the case of any adult (including an adult who is a carer).

(2) A local authority does not have to comply with any duties imposed by—

(a) section 32(1)(a) of SSW(W)A 2014 (determination of whether needs meet the eligibility criteria),

(b) section 32(2)(b) of that Act (determination of charge), or

(c) any regulations made under subsection (3) of that section.

(3) The English language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—

(a) in the opening words, the words “, on the basis of a needs assessment,”, and

(b) in paragraph (b), the words “if the needs do not meet the eligibility criteria,” and “nevertheless”.

(4) The Welsh language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—

(a) in the opening words, the words “, ar sail asesiad o anghenion,”, and

(b) in paragraph (b), the words “os nad yw’r anghenion yn bodloni’r meini prawf cymhwystra,” and “, serch hynny,”.

23 Nothing in paragraph 20, 21 or 22 prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 35 or 40 of SSW(W)A 2014 (as modified by paragraphs 26 and 27 of this Schedule).

24 (1) Sub-paragraph (2) applies where—

(a) paragraph 20, 21 or 22 has had effect for any period, and

(b) that period has ended.

(2) In determining for the purposes of any proceedings whether a local authority has complied with its duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—

(a) the length of any period for which paragraph 20, 21 or 22 had effect, and

(b) the number of relevant assessments which need to be carried out by the local authority following the end of any such period.

(3) In this paragraph “relevant assessment” means—

(a) a needs assessment under section 19 of SSW(W)A 2014;

(b) a needs assessment under section 24 of that Act;

(c) a determination under section 32(1)(a) of that Act.

Duty to carry out financial assessment

25 (1) A local authority does not have to comply with the duty imposed by section 63(2) of SSW(W)A 2014 (duty to carry out a financial assessment).

(2) But a local authority may not impose a charge under section 59 of SSW(W)A 2014 for meeting any needs under section 35 or 40 of that Act during any period for which paragraph 26 or (as the case may be) 27 applies without having carried out an assessment under section 63(2) of that Act.

Duties to meet needs for care and support

26 Section 35 of SSW(W)A 2014 (duty to meet care and support needs of an adult) has effect as if subsection (3)(a) were omitted.

27 Section 40 of SSW(W)A 2014 (duty to meet support needs of an adult carer) has effect as if—

(a) in the English language text, for subsection (3) there were substituted—

“(3) Condition 2 is that the local authority considers it necessary to meet the carer’s needs in order to protect the carer from abuse or neglect or a risk of abuse or neglect.”, and

(b) in the Welsh language text, for subsection (3) there were substituted—

“(3) Amod 2 yw bod yr awdurdod lleol yn barnu ei bod yn angenrheidiol diwallu’r anghenion er mwyn amddiffyn yr oedolyn rhag cael ei gam-drin neu ei esgeuluso neu rhag risg o gael ei gam-drin neu ei esgeuluso.”

28 (1) For the purpose of determining whether the duty imposed by section 35 or 40 of SSW(W)A 2014 applies to a local authority, any reference in that section to there being no charge under section 59 of that Act includes a reference to there being no charge because the authority has decided not to carry out an assessment under section 63(2) of that Act as a result of paragraph 25(1) above (but see paragraph 30 below).

(2) But the duty under section 35 or 40 of SSW(W)A 2014 does not apply to a local authority if—

(a) the authority notifies the relevant person that it may impose a charge for meeting needs under that section, and

(b) the relevant person asks the authority not to meet those needs.

(3) In sub-paragraph (2) “the relevant person” means—

(a) the person who would be liable to pay any such charge, except where paragraph (b) or (c) applies;

(b) in a case where—

(i) the authority would be meeting the needs of an adult under section 35 of SSW(W)A 2014, and

(ii) the adult lacks capacity to arrange for the provision of care and support,

a person who is authorised under the Mental Capacity Act 2005 to arrange for such provision or is otherwise in a position to do so on the adult’s behalf;

(c) in a case where the authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer (“P”)—

(i) lacks capacity to decide whether to have the needs met by the provision of care and support to P, or

(ii) where P is a disabled child aged under 16, does not have sufficient understanding to make an informed decision about having the needs met by the provision of care and support to P,

a relevant representative.

(4) The following are relevant representatives for the purposes of sub-paragraph (3)(c)—

(a) an authorised person within the meaning of section 41 of SSW(W)A 2014 (see subsection (15) of that section), and

(b) in the case of a disabled child, a person with parental responsibility for the child.

(5) In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged 16 or 17, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be in the disabled child’s best interests.

(6) In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged under 16, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be consistent with the disabled child’s well-being.

29 In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by regulations under section 57 of SSW(W)A 2014 (cases where a person expresses preference for particular accommodation).

Charging for meeting needs during emergency period

30 (1) This paragraph applies where—

(a) at any time during an emergency period, a local authority begins to meet needs under section 35 or 40 of SSW(W)A 2014,

(b) at that time, the authority would have been entitled to impose a charge under section 59 of that Act for meeting any of those needs, but

(c) the authority decided not to carry out an assessment under section 63(2) of that Act before beginning to meet those needs.

In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect.

(2) The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

(3) In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

(4) In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

Care and support plans etc

31 In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by—

(a) section 54 of SSW(W)A 2014 (care and support plans and support plans), or

(b) any regulations made under that section or section 55 of that Act.

Portability of care and support

32 In the case of an adult, a local authority does not have to comply with any duties imposed by section 56 of SSW(W)A 2014 (portability of care and support).

33 (1) This paragraph applies where—

(a) paragraph 32 has had effect for any period (“the emergency period”), and

(b) the emergency period has ended.

(2) Section 56 of SSW(W)A 2014 has effect in the case of an adult with the modifications in sub-paragraphs (3) to (5).

(3) In subsection (1)—

(a) the reference to a local authority being notified that a person is going to move to the area of another local authority includes, in the case of an adult who moved to the area of another local authority during the emergency period, a reference to being notified that the adult has moved to that area, and

(b) where a local authority is notified that an adult has moved to the area of another local authority by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (1)(a) does not apply).

(4) In subsection (2)—

(a) the reference to a local authority being notified that a person is going to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to that authority being notified that the adult has moved to that area, and

(b) where a local authority is notified that an adult has moved to the authority’s area by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (2)(a) does not apply).

(5) The reference in subsection (3) to the day the person moves to the area of a local authority is, in the case of an adult who moved to the area of a local authority during the emergency period, to be read as a reference to the day on which that period ended.

Duties arising before commencement

34 (1) A provision of this Part of this Schedule that provides that a local authority does not have to comply with a relevant duty, or modifies a relevant duty of a local authority, applies in relation to duties arising before the commencement day as it applies in relation to duties arising on or after that day.

(2) In sub-paragraph (1)—

• “the commencement day”, in relation to a provision of this Part of this Schedule, means—

  (a)

  the day on which that provision comes into force, or

  (b)

  where on any day the operation of the provision is revived by regulations under section 88(3), that day;

• “relevant duty” means a duty under Parts 3 to 5 of SSW(W)A 2014.

Guidance

35 (1) The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule.

(2) A local authority must have regard to any guidance issued under this paragraph.

(3) A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct.

(4) The Welsh Ministers—

(a) may from time to time revise any guidance issued under this paragraph;

(b) may vary or revoke a direction made under sub-paragraph (3).

(5) A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.