The title of these Regulations is the Care and Support (Financial Assessment) (Wales) Regulations 2015.

These Regulations come into force on 6 April 2016.

These Regulations apply in relation to Wales.

In these Regulations—

• “the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;

• “the 1992 Act” (“Deddf 1992”) means the Social Security Contributions and Benefits Act 19923;

• “the Charging Regulations” (“y Rheoliadau Gosod Ffioedd”) means the Care and Support (Charging) (Wales) Regulations 20154;

• “the Income Support Regulations” (“y Rheoliadau Cymhorthdal Incwm”) means the Income Support (General) Regulations 19875;

• “the Pension Credit Regulations” (“y Rheoliadau Credyd Pensiwn”) means the State Pension Credit Regulations 20026;

• “A” (“A”) means an adult—

  1. a

     whose financial resources are to be assessed in accordance with regulation 6 or regulation 8, or

  2. b

     who falls within the circumstances specified in regulation 7;

• “armed forces independence payment” (“taliad annibyniaeth y lluoedd arfog”) means armed forces independence payment under the Armed Forces and Reserved Forces (Compensation Scheme) Order 20117;

• “attendance allowance” (“lwfans gweini”) has the same meaning as in the Income Support Regulations;

• “child benefit” (“budd-dal plant”) means a child benefit under the 1992 Act;

• “child tax credit” (“credyd treth plant”) means a child tax credit under the Tax Credits Act 20028;

• “council tax” (“treth gyngor”) is to be construed in accordance with section 1(1) of the Local Government Finance Act 19929;

• “direct payment” (“taliad uniongyrchol”) has the meaning given in sections 50(7) and 52(7) of the Act;

• “disability living allowance” (“lwfans byw i’r anabl”) means a disability living allowance under the 1992 Act;

• “employed earner” (“enillydd cyflogedig”) is to be construed in accordance with section 2(1)(a) of the 1992 Act10;

• “flat-rate charge” (“ffi unffurf”) means a fixed rate charge which is imposed by a local authority regardless of the means of the person who is liable to be charged for—

  1. a

     care and support arranged or provided by a local authority under Part 4 of the Act (meeting needs); or

  2. b

     services provided under section 15 (preventative services) or for assistance provided under section 17 (provision of information, advice and assistance) of the Act;

• “guardian’s allowance” (“lwfans gwarcheidwad”) means a guardian’s allowance under the 1992 Act;

• “home visiting facility” (“cyfleuster ymweld â’r cartref”) means a visit (or visits) which are undertaken by an appropriate officer of a local authority to a person’s current place of residence, or at such other venue as the person reasonably requests, for the purposes of gathering information to inform a financial assessment for that person and for providing information and offering assistance in relation to that process;

• “income support” (“cymhorthdal incwm”) means income support under the 1992 Act;

• “lone parent” (“unig riant”) has the same meaning as in the Income Support Regulations;

• “partner” (“partner”) has the same meaning as in the Income Support Regulations;

• “pension credit age” (“oedran credyd pensiwn”) means the qualifying age for state pension credit within the meaning of section 1(6) of the State Pension Credit Act 200211;

• “permanent resident” (“preswylydd parhaol”) means a resident who is not a temporary resident or a short-term resident;

• “personal independence payment” (“taliad annibyniaeth bersonol”) means a personal independence payment under Part 4 of the Welfare Reform Act 201212;

• “personal pension scheme” (“cynllun pensiwn personol”) has the same meaning as in the Income Support Regulations;

• “prospective resident” (“darpar breswylydd”) means a person for whom accommodation in a care home is proposed to be provided under the Act13;

• “reablement” (“gofal a chymorth ailalluogi”) means care and support—

  1. a

     provided or arranged by a local authority for A under Part 2 or 4 of the Act; or

  2. b

     secured or arranged by A, where A is or will be receiving direct payments made in accordance with section 50 or 52 of the Act; and

  3. c

     which—

     1. i

        consists of a programme of care and support,

     2. ii

        is for a specified14 period of time (“the specified period”), and

     3. iii

        has as its purpose the provision of assistance to A to enable A to maintain or regain the ability to live independently in A’s only or main home;

• “resident” (“preswylydd”) means a person who is provided with accommodation in a care home under the Act;

• “savings credit” (“credyd cynilion”) means a savings credit under the State Pension Credit Act 2002;

• “self-employed earner” (“enillydd hunangyflogedig”) is to be construed in accordance with section 2(1)(b) of the 1992 Act;

• “severe disablement occupational allowance” (“lwfans galwedigaethol anabledd difrifol”) means a severe disablement occupational allowance paid under article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 200615 or under article 16 of the Personal Injuries (Civilians) Scheme 198316;

• “short-term resident” (“preswylydd byrdymor”) means a person who is provided with accommodation in a care home under the Act for a period not exceeding 8 weeks;

• “standard amount” (“swm safonol”) means the amount which a person would be required to pay by virtue of section 50 or 52 of the Act towards securing the provision of care and support in respect of which direct payments are being considered or made if no financial assessment is carried out in accordance with these Regulations or determination as to A’s ability to pay an amount is undertaken in accordance with the Charging Regulations;

• “temporary resident” (“preswylydd dros dro”) means a resident whose stay is—

  1. a

     unlikely to exceed 52 weeks; or

  2. b

     in exceptional circumstances, unlikely to substantially exceed that period;

• “working day” (“diwrnod gwaith”) means any day other than—

  1. a

     a Saturday or a Sunday,

  2. b

     Christmas day or Good Friday, or

  3. c

     a bank holiday in England and Wales under the Banking and Financial Dealings Act 197117;

• “working tax credit” (“credyd treth gwaith”) means a working tax credit under the Tax Credits Act 2002.

Where reference is made in these Regulations to the application of a provision of the Income Support Regulations, any reference to “claimant” in the provision of the Income Support Regulations is to be construed as a reference to A.

In these Regulations any reference to a resident’s accommodation in a care home, or to accommodation provided for a resident in a care home, is to be construed in the case of a resident who is a prospective resident as a reference to accommodation to be provided for that resident under section 35, 36, 40 or 45 of the Act, or where the prospective resident is in receipt of direct payments, as a reference to accommodation which will be secured by virtue of sections 50 or 52 of the Act.

In these Regulations references to provision of or securing of care and support are, in the case of carer, to be read as meaning the provision or securing of support.

Subject to paragraph (2), a local authority must allow A 15 working days, or such longer time limit as it thinks reasonable, to provide the information and documents described in regulation 3(f).

If A makes a reasonable request for an extension of the time limit specified in paragraph (1), giving reasons why the extension is required, a local authority must agree to the request and advise A of the period of the extension.

If a local authority refuses a request for an extension of the time limit, it must inform A of its refusal and it must give reasons for its refusal.

The information provided by a local authority in accordance with regulation 3 may be in electronic or paper format, and must be in a format that is appropriate to A’s communication needs.

The information and documents to be provided by A under regulation 3(f) must be in electronic or paper format or such other format that the local authority has agreed to accept.

The duty in paragraph (1) does not apply where A falls within any of the circumstances specified in regulation 7.

Where paragraph (1)(c) applies, a local authority may, if it considers that it has sufficient information, make an assessment of A’s financial resources on the basis of the partial information or partial document (or both) that is in its possession.

Where a local authority carries out a financial assessment in accordance with regulation 6 (duty to carry out a financial assessment) or regulation 8 (power to carry out a financial assessment), it must ensure that the process of assessment that it employs gives effect to the requirements of this regulation.

Where a local authority is meeting or proposing to meet A’s needs for care and support, or where it is making, or is proposing to make, direct payments towards the cost of securing care and support to meet A’s needs by the provision of accommodation in a care home, it must calculate A’s capital in accordance with the provisions of Part 4.

The provision made in paragraphs (2) and (3) does not affect the discretion of a local authority to apply criteria that are more generous to A than the provision made by these Regulations.

Where, immediately before the coming into force of these Regulations an assessment of A’s financial resources has effect, such assessment will continue to have effect notwithstanding that it was not made in accordance with the Act and these Regulations.

An assessment referred to in paragraph (1) will continue to have effect until replaced by an assessment of A’s financial resources carried out in accordance with the Act and these Regulations.

A’s income is to be calculated on a weekly basis by determining, in accordance with this Part, the weekly amount of A’s total income.

For the purposes of paragraph (1) income includes capital treated as income under regulation 16 and notional income under regulation 17.

Earnings derived from employment as an employed earner or a self-employed earner are to be disregarded in the calculation of A’s income for the purposes of the financial assessment.

Any capital payable to A by instalments which are outstanding on the date on which A first becomes liable to pay for (or where A is or will be receiving direct payments, contribute or make reimbursements towards the cost of securing the provision of) the care and support, is to be treated as income if the aggregate of the instalments outstanding and the amount of A’s capital calculated in accordance with Part 4 exceeds the amount specified in regulation 41(1) of the Income Support Regulations (capital treated as income).

Any payment received under an annuity is to be treated as income.

Any earnings to the extent that they are not a payment of income are to be treated as income.

Subject to paragraph (5), A is to be treated as possessing any capital paid or due to be paid to a local authority by a third party pursuant to an agreement between the local authority and the third party made in connection with A’s liability to pay, contribute or make reimbursements to the local authority towards the cost of accommodation provided or secured for A under the Act.

A is not to be treated as possessing any voluntary payment of capital made by a third party to a local authority for the purpose of discharging any arrears of the payments, contributions or reimbursements required by the local authority from A for accommodation provided or secured under the Act.

Where an agreement or court order provides that payments are to be made to A in consequence of any personal injury to A and that such payments are to be made wholly or partly by way of periodical payments, any such periodical payments received by A, to the extent that they are not a payment of income, are to be treated as income.

A is to be treated as possessing income which A has deprived himself or herself for the purpose of decreasing the amount A is or may be liable to pay towards the cost of meeting or securing the provision of care and support to meet A’s needs.

A is to be treated as possessing any income which would be treated as income possessed by a claimant of income support under regulation 42(2) to (4A) of the Income Support Regulations (notional income).

Subject to paragraph (4), A is to be treated as possessing any income paid or due to be paid to a local authority by a third party pursuant to an agreement between the local authority and the third party made in connection with A’s liability to pay, contribute, or make reimbursements to the local authority towards the cost of accommodation provided or secured for A under the Act.

A is not to be treated as possessing any voluntary payment of income made by a third party to a local authority for the purpose of discharging any arrears of the payments, contributions or reimbursements required by the authority from A for accommodation provided or secured in accordance with the Act.

The capital of A to be taken into account in a financial assessment is, subject to paragraph (2), to be the whole of A’s capital calculated in accordance with this Part and any income treated as capital under regulation 19.

Any capital, where applicable, specified in Schedule 2 is to be disregarded in the calculation of the person’s capital under paragraph (1).

Any amount by way of refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E to the Income and Corporation Taxes Act 199830 is to be treated as capital.

Any holiday pay which is not earnings is to be treated as capital.

Except income derived from capital disregarded under paragraphs 1, 4, 8, 14, 22 and 24 of Schedule 2, any income of A which is derived from capital is to be treated as capital but only on the date on which it is normally due to be paid to A.

Where A is an employed earner, any advance of earnings or any loan made by A’s employer is to be treated as capital.

Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than one made under the Fund, the Eileen Trust, the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust the Independent Living Fund, or the Welsh Independent Living Scheme31, is to be treated as capital.

Any voluntary payment of income made by a third party to A for the purpose of helping A to discharge any arrears of the payments, contributions, or reimbursements required by the local authority from the person for accommodation provided or secured in accordance with the Act is to be treated as the capital of A.

In this regulation, “the Fund”, “the Eileen Trust”, “the Macfarlane Trust”, “the Macfarlane (Special Payments) Trust”, “the Macfarlane (Special Payments) (No. 2) Trust” and “the Independent Living Fund” have the same meaning as in the Income Support Regulations.

Subject to paragraph (3), A may be treated as possessing any payment of capital which would be treated as capital possessed by a claimant of income support under regulation 51(2) or (3) of the Income Support Regulations (notional capital).

For the purposes of paragraph (2), regulation 51(2)(c) of the Income Support Regulations applies as if for the reference to Schedule 10 to the Income Support Regulations there were substituted a reference to Schedule 2 (calculation of capital).

Where A is treated as possessing capital under paragraph (1) or (2), the provisions of this Part apply for the purposes of calculating its amount as if it were actual capital A does possess.

Where A is treated as possessing capital under regulation 22 (“notional capital”), for each week or part of a week that the local authority has determined that A is liable to pay, contribute or make reimbursements towards the cost of their care and support, at a higher rate than that at which A would have been assessed as liable to pay, contribute, or make reimbursements if A had had no notional capital, the amount of A’s notional capital is to be reduced by the method set out in paragraph (2).

This paragraph applies where the local authority is satisfied that A is beneficially entitled in possession to a share which is less than or, as the case may be, more than an equal share of the whole beneficial estate.

Where paragraph (2) applies A’s share of the whole beneficial interest will be the actual share (as determined by the local authority) and is to be treated as if it were actual capital.