# The Care and Support (Disputes about Ordinary Residence, etc.) (Wales) Regulations 2015, Note: Explanatory note


(This note is not part of the Regulations)
Section 195 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) provides for the determination of disputes between local authorities about where a person is ordinarily resident in Wales for the purposes of the 2014 Act and for the determination of disputes between a sending and receiving authority under section 56 of the 2014 Act (portability of care and support) about the application of that section in relation to a person.
These Regulations make further provision about the resolution of such disputes and set out the procedures to be followed when disputes arise.
These Regulations will also apply to a dispute between local authorities in Wales about where a person was ordinarily resident for the purposes of section 117(3) of the Mental Health Act 1983 (after care). Section 117(4) of that Act provides that section 195 of the 2014 Act applies to such a dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of the 2014 Act.
Regulation 2 sets out which local authority is responsible for meeting an individual’s needs until the dispute is resolved.
Regulation 3 provides for the steps to be taken by local authorities to try to resolve the dispute prior to referring it for determination by the Welsh Ministers under section 195 of the Act.
Regulation 4 sets out the documentation that is to be supplied by local authorities when making a referral.
Regulations 5 and 6 set out slightly modified versions of these provisions for specific cases arising under section 189 of the Act.
Regulation 7 provides for the review of determinations. Regulation 8 provides for reimbursement between local authorities when the effect of a revised determination following a review is that sums paid under a previous determination were not owed.

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Source: https://www.legislation.gov.uk/wsi/2015/1494/note (the official version)
Page: https://openlegislation.uk/care-and-support-disputes-about-ordinary-residence-etc-wales-regulations-2015/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.