Explanatory note

These Regulations make provision under the Care Act 2014 (“the Act”) for when a local authority can make a charge for the provision of services, facilities and resources under section 2 of the Act. Section 2(1) requires a local authority to provide or arrange for the provision of services, facilities or resources (or take other steps) which it considers will contribute towards preventing, delaying or reducing the needs for care and support of adults or for support in relation to carers. Section 2(3) provides the power to make regulations permitting a local authority to charge and prohibiting a local authority from making a charge. Section 2(5) provides that a charge may only cover the cost that the local authority incurs in providing or arranging for the provision of the service, facility or resource.

Regulation 3 provides that a local authority can make a charge subject to these Regulations. Regulation 3(2) provides that a charge must not reduce the adult’s income to below the minimum income guarantee specified in the Care and Support (Charging and Assessment of Resources) Regulations 2014. Regulation 3(3) provides that a carer must not be charged for any provision intended to prevent or delay the development by the carer of needs for support or to reduce the carer’s needs for support which consists of provision made directly to the adult needing care.

Regulations 4 and 5 respectively specify the services which must always be provided free of any charge and the persons to whom services must always be provided free of any charge.

A separate impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment can be requested via [email protected] or from the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS and is available online at https://www.gov.uk/government/organisations/department-of-health.