The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017

JurisdictionUK Non-devolved
CitationSI 2017/901

2017 No. 901

Social Security

Child Support

The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017

Made 7th September 2017

Laid before Parliament 13th September 2017

Coming into force 3rd November 2017

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 3(3)(c), 42(1), 52(4) and 54(1) of the Child Support Act 19911, sections 136(3) and (5)(b), 137(1) and (2)(i) and (l), 138(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19922, sections 12(4)(b), 35(1) and 36(2) and (4)(a) of, and paragraph 12 of Schedule 1 to, the Jobseekers Act 19953, sections 15(3) and (6)(b) and 17(1) of the State Pension Credit Act 20024, section 150(1)(a) of the Government of Wales Act 20065and sections 17(3)(b), 24(1) and 25(2), (3) and (5)(a) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act 20076.

In accordance with section 173(1)(b) of the Social Security Administration Act 19927, the Social Security Advisory Committee has agreed that proposals in respect of articles 20, 22 and 24 to 278should not be referred to it.

In respect of the provisions in articles 25 and 26, in accordance with section 176(1) of the Social Security Administration Act 19929the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

1 Preliminary

PART 1

Preliminary

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 and comes into force on 3rd November 2017.

2 Amendments in consequence of the Social Services and Well-being (Wales) Act 2014

PART 2

Amendments in consequence of the Social Services and Well-being (Wales) Act 2014

S-2 Amendment of the Income Support (General) Regulations 1987

Amendment of the Income Support (General) Regulations 1987

2.—(1) The Income Support (General) Regulations 198710are 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 201411”.

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

(a)

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

“(aa)

“(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)

(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)

(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)

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

“(ia)

“(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)

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

“(dzb)

“(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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)

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

(c)

(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)”.

S-3 Amendment of the Social Security (Attendance Allowance) Regulations 1991

Amendment of the Social Security (Attendance Allowance) Regulations 1991

3. In regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 (persons in care homes)12, in paragraph (2)(a)—

(a) at the end of paragraph (vii) omit “or”;

(b) after paragraph (vii) insert—

“(viii)

“(viii) Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs), or”.

S-4 Amendment of the Social Security (Disability Living Allowance) Regulations 1991

Amendment of the Social Security (Disability Living Allowance) Regulations 1991

4. In regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 (persons in care homes)13

(a) at the end of paragraph (2)(a)(vii), omit “or”;

(b) after paragraph (2)(a)(vii), insert—

“(viii)

“(viii) Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs), or”;

(c) in the opening words of paragraph (4), omit “who”;

(d) at the beginning of paragraphs (4)(a) and (b), insert “who”;

(e) after paragraph (4)(b), insert—

“(ba)

“(ba) to whom section 37, 38 or 42 of the Social Services and Well-being (Wales) Act 2014 applies; or”;

(f) in paragraph (5), for “(a) and (b)” substitute “(a), (b) and (ba)”.

S-5 Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

5.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 199214are amended as follows.

(2) In regulation 27A (child in care who is allowed to live with their parent), in paragraph (1) after “1989” insert “or under section 81(2) of the Social Services and Well-being (Wales) Act 2014”.

(3) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M)—

(a)

(a) after paragraph 31, insert—

S-31A

31A. In Wales, any payment made by a local authority under—

(a) section 37 or 38 of the Social Services and Well-being (Wales) Act 2014 but excluding any direct payment made in accordance with regulations made under section 51 of that Act; or

(b) section 104 of that Act as it applies to category 5 or category 6 young persons within the meaning of section 104(2) of that Act.”;

(b)

(b) in paragraph 48C—

(i) the existing provision is to stand as sub-paragraph (1);

(ii) after sub-paragraph (1) insert—

S-2

“2 In relation to Wales, any payment to a person as a direct payment made in accordance with regulations made under sections 50 to 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments) in respect of his securing services under Part 4 of the Social Services and Well-being (Wales) Act 2014.”.

S-6 Amendment of the Jobseeker’s Allowance Regulations 1996

Amendment of the Jobseeker’s Allowance Regulations 1996

6.—(1) The Jobseeker’s Allowance Regulations 199615are amended as follows.

(2) In regulation 60 (young persons at the end of the child benefit extension period), in paragraph (1), for sub-paragraph (a) substitute—

“(a)

“(a) a person who has ceased to live in accommodation provided for him by a local authority under—

(i) Part 3 of the Children Act 1989 (local authority support children and families), or

(ii) Part 4 (meeting needs) or 6 (looked after and accommodated children) of the Social Services and Well-being (Wales) Act 2014, and

is of necessity living away from his parents and any person acting in place of his parents;”.

(3) In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a)

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

“(aa)

“(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)

(b) in paragraph (9)—

(i) in sub-paragraph (za), at the...

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