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The Care and Support (Direct Payments) (Amendment) Regulations 2016

S.I. 2016/167 · Made 10 February 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Care, England

Made 10th February 2016

Laid before Parliament 17th February 2016

Coming into force 1st April 2016

The Secretary of State having had regard to the general duty of local authorities under section 1(1) of the Care Act 2014f1 (promotion of individual well-being)f2 makes these Regulations in exercise of the powers conferred by sections 33(1) and (2), 75(7), and 125(7) and (8) of that Act.

Annotations to the whole text

Footnotes

f1

2014 c.23. The powers to make regulations are exercisable by the Secretary of State; see section 125(1). Section 75(7) of the Act provides that a local authority may discharge its duty under section 117 (after care) of the Mental Health Act 1983 (c.20) by making direct payments and that section of, and paragraph 1(10) of Schedule 4 to, the Act modify section 33(2) accordingly.

f2

See section 78(3).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment to the Principal Regulations 2014
  3. 3Transitional Provision
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Care and Support (Direct Payments) (Amendment) Regulations 2016 and come into force on 1st April 2016.

(2)

In these Regulations “the Principal Regulations” means the Care and Support (Direct Payments) Regulations 2014f1.

2Amendment to the Principal Regulations 2014

In Schedule 2 to the Principal Regulationsf1 (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 “Staffordshire County Council”.

3Transitional Provision

Regulation 2 of these Regulations has no effect in respect of direct payments made to an adult by the local authority mentioned in that regulation provided that immediately before the coming into force of these Regulations the authority was making direct payments to that adult by virtue of the authority being listed in Schedule 2 to the Principal Regulations.

Signature

Signed by authority of the Secretary of State for Health.

Alistair Burt

Minister of State,

Department of Health

10th February 2016

Explanatory note

(This note is not part of the Regulations)

Regulation 2 of these Regulations omits Staffordshire County Council from Schedule 2 to the Care and Support (Direct Payments) Regulations 2014 (the 2014 Regulations) so that they may no longer make direct payments for the provision of accommodation in a care home for a period of more than 4 consecutive weeks in any 12 month period.

Regulation 3 provides in effect that regulation 2 has no effect in respect of direct payments made by that local authority to an adult whose needs for such accommodation for such a period were being met by the making of a direct payment by the authority immediately before these Regulations come into force.

A full Impact Assessment has not been produced for this instrument as no impact on the private sector or civil society organisations is foreseen.