The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act.

The amendments relate to field 15 (social welfare) in Part 1 of Schedule 5. Article 2(2) inserts matter 15.1 which is about—

• charges for social care services provided or secured by local authorities, and

• direct payments in respect of individuals so they, or persons looking after them, may secure social care services.

The following are expressly excluded from the matter —

• child support,

• tax credits,

• child benefit and guardian’s allowance ,

• social security,

• independent living funds, and

• motability.

A full regulatory impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.