The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017

Amendment of the Employment and Support Allowance Regulations 2008

13.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 132 (calculation of grant income), in paragraph (2)(j) after “1989” insert “or under Part 6 of the Social Services and Well-being (Wales) Act 2014”.

(3) In regulation 156 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a) in paragraph (5), after sub-paragraph (a) insert—

“(aa) placed with the claimant or the claimant’s partner by a local authority under section 81(2) of the Social Services and Well-being (Wales) Act 2014;”;

(b) in paragraph (9), in the definition of “accommodation”—

(i) at the end of sub-paragraph (b) omit “or”;

(ii) after sub-paragraph (b) insert—

“(ba) in Wales, under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014; or”.

(4) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 28, after sub-paragraph (a)(i) insert—

“(ia) section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),”;

(b) in paragraph 29, in sub-paragraph (g), at the end insert “or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and powers to meet care and support needs of an adult)”;

(c) in paragraph 30, in sub-paragraph (1)—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “young persons).” substitute—

“young persons); or

(d) the following sections of the Social Services and Well-being (Wales) Act 2014—

(aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

(bb) section 109, 110, 114 or 115.”;

(d) in paragraph 32, in sub-paragraph (1)(e), at the end insert “or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act”;

(e) in paragraph 34, in sub-paragraph (2)(b), at the end insert “or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult)”;

(f) in paragraph 53, at the end insert “, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”;

(g) in paragraph 56, after “2014 (care and support)” insert “, or the provision of care and support in respect of an adult under Part 4 of the Social Services and Well-being (Wales) Act 2014”.

(5) In Schedule 9 (capital to be disregarded)—

(a) in paragraph 22, in sub-paragraph (1)—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “young persons).” substitute—

“young persons); or

(d) the following sections of the Social Services and Well-being (Wales) Act 2014—

(aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

(bb) section 109, 110, 114 or 115.”;

(b) in paragraph 42, after “1958” insert “or under Part 4 of the Social Services and Well-being (Wales) Act 2014”;

(c) in paragraph 56, at the end insert “, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.

(1)

S.I. 2008/794; relevant amending instruments are S.I. 2009/583, 2010/641, 2010/2429, 2014/513, 2015/643 and 2016/732.