2015 No. 644
The Care and Support (Miscellaneous Amendments) Regulations 2015
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14(5) and (7), 17(11) and (12), 33(1) and (2), 34(1) and (7), 39(1) and (8), 75(7) and 125(7) and (8) of, and paragraphs 1(6) and (7), 2(9) and (10) and 4(5) and (6) of Schedule 1 to, the Care Act 20141.
In accordance with paragraph 11 of Schedule 1 to the Care Act 2014, the Secretary of State has obtained the consent of the Welsh Ministers, the Scottish Ministers and the Northern Ireland Department2 to the making of these Regulations.
Citation and commencement1
1
These Regulations may be cited as the Care and Support (Miscellaneous Amendments) Regulations 2015.
2
Subject to paragraph (3), regulations 2 to 6 come into force on the same date as the date that the Regulations they amend come into force and this regulation comes into force on the earliest of those dates.
3
Regulation 3(a) and (b) comes into force on whichever is the later of 6th April 2015 or the date that the Care and Support (Charging and Assessment of Resources) Regulations 20143 come into force.
Amendment to the Care and Support (Deferred Payment) Regulations 20142
After regulation 6(5) of the Care and Support (Deferred Payment) Regulations 20144 (adult’s contribution) insert—
6
But nothing in this regulation requires the local authority to—
a
defer any amount which is due to it under section 14 or 30(2); or
b
advance any or all of an instalment or part of an instalment under the loan agreement to the adult,
if, under regulation 5(3) of these Regulations or in accordance with the terms of the agreement, the authority is required to, or is permitted to, cease to defer that amount or cease to advance any or all of the instalment or part of the instalment under the loan agreement.
Amendments to the Care and Support (Charging and Assessment of Resources) Regulations 20143
The Care and Support (Charging and Assessment of Resources) Regulations 20145 are amended as follows—
a
in regulation 6 (personal expenses allowance for residents or temporary residents provided with accommodation in a care home), for “£24.40” substitute “£24.90”;
b
in regulation 7 (minimum income guaranteed amount for other adults and carers whose needs are being met otherwise than by the provision of accommodation in a care home)—
i
in paragraph (1)(b), for “£82.95” substitute “£83.65”;
ii
in paragraph (2)(a), for “£71.70” substitute “£72.40”;
iii
in paragraphs (2)(b) and (3), for “£90.50” substitute “£91.40”;
iv
in paragraph (2)(c), for “£185.45” substitute “£189.00”;
v
in paragraph (4)(a), for “£71.05” substitute “£71.80”;
vi
in paragraph (4)(b), for “£141.55” substitute “£144.30”;
vii
in paragraph (5)(a), for “£39.85” substitute “£40.35”;
viii
in paragraph (5)(b), for “£19.45” substitute “£19.70”;
ix
in paragraph (6)(a), for “£28.35” substitute “£28.75”;
x
in paragraph (6)(b), for “£13.95” substitute “£14.15”;
xi
in paragraph (7), for “£42.75” substitute “£43.25”;
c
in regulation 7, after paragraph (9) insert—
10
For the purposes of this regulation, the adult concerned is a single person if the adult neither has a partner nor is a lone parent.
d
in paragraph 15 of Part 1 of Schedule 1 (sums to be disregarded in the calculation of income)—
i
in sub-paragraph (2), for “paragraph 46” substitute “paragraph 45”;
ii
in sub-paragraph (3)(e), for “resident” substitute “adult”;
e
in paragraph 45 of Part 2 of Schedule 1—
i
in sub-paragraph (a), for “the adult” substitute “a person” and for “the adult’s”, in each place where it occurs, substitute “the person’s”;
ii
in sub-paragraph (b), for “the adult” substitute “the resident” and for “the adult’s” substitute “the resident’s”;
f
in paragraph 46 of Part 2 of Schedule 1, for “15(2)” substitute “15”.
Amendments to the Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 20144
The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 20146 are amended as follows—
a
in regulation 2 (specified types of accommodation), for “The following” substitute “(1) Subject to paragraph (2), the following”;
b
after regulation 2(1) (as re-numbered) insert—
2
The types of accommodation referred to in paragraph (1) are specified in relation to an adult for the purposes of section 39(1) of the Act only if the care and support needs of the adult are being met under Part 1 of the Act while the adult lives in that type of accommodation.
Amendment to the Care and Support (Cross-border Placements) (Business Failure Duties of Scottish Local Authorities) Regulations 20145
In regulation 1(3) of the Care and Support (Cross-border Placements) (Business Failure Duties of Scottish Local Authorities) Regulations 20147 (interpretation), for the definition of “care provider” substitute—
“care provider” means a person providing a care service registered under section 59 of the 2010 Act;
Amendment to the Care and Support (Direct Payments) Regulations 20146
In Schedule 2 to the Care and Support (Direct Payments) Regulations 20148 (list of local authorities who are not prohibited from making a direct payment for the purpose of securing long term care in a care home) omit the following—
a
“Dorset County Council”;
b
“London Borough of Havering”;
c
“Manchester City Council”.
Signed by authority of the Secretary of State for Health.
(This note is not part of the Regulations)