Social Services and Well-being (Wales) Act 2014

189 Provider failure: temporary duty on local authority E+W

[F1 (1) This section applies where a service provider becomes unable to provide a regulated service because of business failure.]

(2) A local authority must for so long as it considers necessary (and in so far as it is not already required to do so) meet—

(a) those of an adult's needs for care and support, and

(b) those of a relevant carer's needs for support,

which were, immediately before the [F2 service provider became unable to provide the regulated service, being met in the authority's area by the service provider] (but this is subject to section 190).

(3) A local authority is required to meet needs under subsection (2) regardless of—

(a) whether the relevant person is ordinarily resident in its area;

(b) whether the authority has carried out a needs assessment or a financial assessment;

(c) whether the authority would otherwise have a duty to meet those needs under this Act.

(4) A local authority may impose a charge for meeting needs under subsection (2) (except in so far as those needs are met by the provision of information or advice).

(5) A charge under subsection (4)—

(a) may be imposed only in respect of needs which were not, immediately before the [F3 service provider became unable to provide the regulated service], being met—

(i) under arrangements made by a local authority discharging its duty under section 35 or 40, or exercising its power under section 36 or 45, or

(ii) by the provision of accommodation or services all or part of the cost of which was paid for by direct payments made by virtue of section 50 or 52;

(b) may cover only the cost that the local authority incurs in meeting those needs.

(6) Sections 60 to 67, 70, 71 and 73 apply to charging under subsection (4) as they apply to charging under section 59, and accordingly a local authority's power to impose a charge under that subsection is subject to—

(a) the provision made in regulations under section 61 or 62 (if any), and

(b) the authority's duties under sections 63, 66 and 67 (if applicable).

(7) If the relevant person is not ordinarily resident in the area of the local authority which is required to meet needs under subsection (2), the authority—

(a) must, in meeting needs under that subsection which were being met under arrangements made by another local authority discharging its duty under section 35 or 40 or exercising its power under section 36 or 45, co-operate with that authority;

(b) must, in meeting needs under that subsection which were being met under arrangements all or part of the cost of which was paid for by another local authority by means of direct payments made by virtue of section 50 or 52, co-operate with that authority;

(c) may recover from the other local authority mentioned in paragraph (a) or (b) the cost it incurs in meeting those of the adult's needs or the relevant carer's needs referred to in the paragraph in question.

(8) Any dispute between local authorities about the application of this section is to be determined under section 195 as if it were a dispute of the type mentioned in subsection (1) of that section.

(9) In this section and (where relevant) in section 190 and 191—

• F4 ...

• [F5 “regulated service” (“gwasanaeth rheoleiddiedig”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;]

• “relevant carer” (“gofalwr perthnasol”) means a carer who—

  (a)

  is an adult, and

  (b)

  provides or intends to provide care for another adult;

• “relevant person” (“person perthnasol”) means—

  (a)

  in a case involving an adult's needs for care and support, that adult;

  (b)

  in a case involving a relevant carer's needs for support, the adult needing care.

• [F6 “service provider” (“darparwr gwasanaeth”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.]

Textual Amendments

F1 S. 189(1) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 33(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with arts. 6, 8)

F2 Words in s. 189(2) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 33(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with arts. 6, 8)

F3 Words in s. 189(5)(a) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 33(c); S.I. 2017/1326, art. 2(3)(h), Sch. (with arts. 6, 8)

F4 Words in s. 189(9) repealed (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 33(d)(i); S.I. 2017/1326, art. 2(3)(h), Sch. (with arts. 6, 8)

F5 Words in s. 189(9) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 33(d)(ii); S.I. 2017/1326, art. 2(3)(h), Sch. (with arts. 6, 8)

F6 Words in s. 189(9) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 33(d)(iii); S.I. 2017/1326, art. 2(3)(h), Sch. (with arts. 6, 8)

Commencement Information

I1 S. 189 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)