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 Income Support (General) Regulations 1987 E+W+S

2.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support), in paragraph (2)(dd), after “hearings etc)” insert “or Part 4 (meeting needs) or Part 6 (looked after and accommodated children) of the Social Services and Well-being (Wales) Act 2014(2)”.

(3) In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a) in paragraph (4), after sub-paragraph (a) insert—

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

(b) in paragraph (8)—

(i) in sub-paragraph (za)—

(aa) at the end of paragraph (iii) omit “or”;

(bb) at the end of paragraph (iv) insert—

“ or

(v) 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),”;

(ii) in sub-paragraph (a), for “and the Children Act 1989” substitute “, the Children Act 1989 and the Social Services and Well-being (Wales) Act 2014”.

(4) In regulation 62 (calculation of grant income), in paragraph (2)(k), after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014”.

(5) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 26, 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 27, after sub-paragraph (dza) insert—

“(dzb) the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support 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);”;

(c) in paragraph 28, in sub-paragraph (1)—

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

(ii) in paragraph (c) for “1995.” substitute—

“1995, 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 30, 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 30A, 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 58, 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 66, 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 (meeting needs)”.

(6) In Schedule 10 (capital to be disregarded)—

(a) in paragraph 17, in sub-paragraph (1)—

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

(ii) in paragraph (c) for “1995.” substitute—

“1995, 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 43, after “1958” insert “or under Part 4 of the Social Services and Well-being (Wales) Act 2014”;

(c) in paragraph 67, 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)”.

Commencement Information

I1 Art. 2 in force at 3.11.2017, see art. 1

(1)

S.I. 1987/1967; relevant amending instruments are S.I. 1989/563, 1992/468, 1993/2119, 1995/1613, 1997/65, 1998/563, 1998/2117, 2000/681, 2001/3767, 2003/762, 2003/2279, 2004/1748, 2005/2078, 2005/2687, 2008/698, 2009/583, 2010/641, 2010/2429, 2011/1740, 2013/1465, 2014/513, 2015/643 and 2016/732.

(2)

2014 anaw 4.