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Select Committee on Welsh Affairs Fourth Report

1 The proposed Order on charging for non-residential social care

Purpose

11. As outlined above, if enacted the proposed Order would extend the legislative competence of the National Assembly for Wales to enable the Assembly to legislate in respect of charges for non-residential social care provided or secured by local authorities, and in respect of direct payments to individuals or their carers in order to secure non-residential social care. This is set out in the proposed Order, as follows:

In Field 15 (social welfare), after Matter 15.8 insert -

"Matter 15.9

Charges levied by local authorities for non-residential social care provided or secured by them and payments in respect of individuals with particular needs relating to their well-being so that they, or persons looking after them, may secure non-residential social care to meet those needs."

12. At present the Welsh Assembly Government is able to issue statutory guidance to local authorities on their charging arrangements under Section 7 of the Local Authorities Social Services Act 1970.[10] However, local authorities are able to depart from this guidance and consequently a significant variation has arisen between the amounts charged by different local authorities in Wales. In a statement to the National Assembly on 27 November, Deputy Minister for Social Services, Gwenda Thomas AM, referred to:

... some significant differences between the charging policies of local authorities in Wales, and therefore wide variability in the impact on service users in various areas of the country.[11]

13. Later in the same statement the Deputy Minister gave examples of the discrepancies between the maximum weekly charges which varied from £16.20 to £185, while seven local authorities have no set maximum charge. It is this variation which the proposed Order is intended to address, by giving the National Assembly the power to legislate - rather than just issue guidance - to set maximum charges for non-residential social care provided by or secured by local authorities. In addition, the Deputy Minister referred to a disparity in the way in which individuals are assessed for the purposes of disability-related expenditure or benefits,[12] concluding that:

All of this has resulted in inequalities and uncertainties for service users, carers and their representatives.[13]

The Deputy Minister told the Assembly Committee:

… it seems to me that the level of variation is certainly significant enough to require action.[14]

And, in a later letter to the Chair of the Assembly Committee:

We are quite clear that variations in charging policies are widespread across Wales, are significant, and have a negative effect on service users.[15]

14. We received two written submissions, both of which referred to the variation in charges by local authorities for non-residential social care. Age Concern Cymru said that:

The current situation … creates a "postcode lottery" across Wales, and needs to be rectified.[16]

In its submission to us, Help the Aged in Wales expressed the view that:

Charges should not be based on geography or finance[17]

This view was supported by those who submitted written evidence to the Assembly Committee. For example, Mencap Cymru wrote:

The current charging system in Wales is leading to a postcode lottery, with the amount a person is charged for care varying widely depending on the local authority in which they live.[18]

15. The new powers are being sought, the Deputy Minister explained, "to achieve a fairer and more consistent approach to charging for all adult recipients of non-residential social services across Wales",[19] although it was not the Welsh Assembly Government's intention to "fetter the fundamental discretion that local authorities have to charge for certain services and to recover such charges as they consider to be reasonable".[20] This discretion is set out at Section 17 of the Health and Social Services and Social Security Adjudications Act 1983. The Deputy Minister explained:

... the intention here is not to prevent local authorities from charging for non-residential social services, but to ensure that, should they choose to do so, they do it in accordance with a specified set of requirements.[21]

The discretion that local authorities have will remain; there is no question about that.[22]

What we want to achieve is consistency - to do away with the great differences that exist at present. We feel that we cannot do that through guidance.[23]

16. If the proposed Order were approved, the Welsh Assembly Government's intention would be to conduct a review of charging to be completed by the next comprehensive spending review in 2011-12, as a result of which Measures would be brought forward.[24]

The proposed Order and existing Welsh Assembly Government policy

17. In our examination of a Legislative Competence Order in Council proposed by the Welsh Assembly Government, one of our considerations is the extent to which it is consistent with existing Welsh Assembly Government policy. In her statement to the National Assembly, the Deputy Minister for Social Services emphasised that the powers being sought were consistent with the Welsh Assembly Government's strategy to move away from the provision of residential care towards support for independence at home.[25] The Deputy Minister stated that the powers being sought under the terms of the proposed Order were consistent with existing Welsh Assembly Government strategies and principles such as those contained in One Wales[26] and Fulfilled lives, supportive communities.[27] This was supported by many of those organisations which submitted written evidence to the Assembly Committee, including the Welsh Therapy Advisory Committee:

The publication of the 10-year strategy for social care in Wales provides the vision for services. The strategy is a uniquely Welsh document and we believe it is important that the National Assembly has the relevant powers to enable that vision to become a reality.[28]

18. We agree that the proposed Order represents a "good fit" with existing and previously announced Welsh Assembly Government policy, and is consistent with it.

The devolution settlement

19. The Explanatory Note to the proposed Order lists various matters which are excepted from its provisions.[29] These relate to child support, tax credits, child benefit and guardian's allowance, social security, independent living funds and motablity - in other words, to a range of State benefits and awards.[30] The Deputy Minister commented in evidence:

The inclusion of the various benefits as an exception makes clear that they are excluded from the competence because they are the responsibility of the United Kingdom Government. This LCO therefore reflects the general devolution settlement.[31]

The Parliamentary Under-Secretary of State made the same point to us:

It is very important that we … define clearly those areas which are retained … those issues … are all retained functions and none of these LCOs are meant to challenge that.[32]

20. Cardiff County Borough Council, in its written submission to the Assembly Committee, felt that there was a need for further clarity on the exception regarding motability:

There are always issues about transport costs and how these should be included in any charging arrangements … As such a debate would be welcomed to consider if the Mobility Allowance should be included in charging assessments as a contribution towards transport costs.[33]

21. The Deputy Minister confirmed in evidence to the Assembly Committee that:

The excepted matters will not impair the Assembly's ability to deal with the treatment of benefits … It does not change the situation as it is now.[34]

22. We agree that the proposed Order reflects the current devolution settlement, by setting out in the Excepted Matters certain aspects which are retained as the responsibility of the UK Government. We note the Welsh Assembly Government's view that the Excepted Matters will not impair upon its ability to enact the policies for which it seeks the powers contained in the proposed Order.

Use of the Legislative Competence Order in Council procedure

23. Another of the considerations to be made by this Committee is whether the Legislative Competence Order in Council procedure is the most appropriate route by which to achieve the policy result being sought. In evidence to the Assembly Committee, the Deputy Minister was clear that the Welsh Assembly Government's opinion was that the Order in Council procedure was the most appropriate - indeed, the only - way by which its policy commitment could be delivered:

I consider this to be the only way to achieve the uniform approach that we seek. Anything less than an LCO will not provide the guarantee that change will happen, and that fairer charging will result.[35]

24. Use of a Legislative Competence Order in Council was supported by the Chief Executive of Disability Wales, in evidence to the Assembly Committee:

I think that the LCO would add clarity. It would make the situation clear for those who are assessed as needing services and those who support them. [36]

25. We note that written submissions to the Assembly Committee from Carers Wales, the Coalition on Charging, Help the Aged in Wales, Disability Wales and Age Concern Cymru, while all supportive of the principle of the proposed Order, also advocated action by the Welsh Assembly Government using its existing powers in relation to assessment and charging practices. Disability Wales said in evidence to the Assembly Committee:

I think that it is important for the Assembly to use the powers that it has in addition to the further powers that it seeks. … We feel that it is not using the powers that it has …[37]

26. However, in a subsequent letter to the Chair of the Assembly Committee, the Deputy Minister again stressed the Welsh Assembly Government's view that a Legislative Competence Order was the most appropriate way to achieve the desired policy result, which could not be pursued using existing legislation:

… we have previously attempted to improve the situation by issuing Fairer Charging guidance, but … the disparities and inequities for service users continue. The fundamental stumbling block is that the Assembly Government's power to issue guidance on this subject to local authorities would not enable [the Welsh Assembly Government] to issue guidance that fettered the discretion contained in Section 17 of HASSASSA.[38] The legal advice we have is unequivocal: we cannot use the powers in Section 7 of the Local Authority Social Services Act 1970 to achieve the degree of consistency and fairness that we are seeking to achieve.

We remain firmly of the view, therefore, that the only way to deliver a consistent and fair approach to charging is by the conferral of legislative competence and the bringing forward of Measures subsequently.

In my view there are no alternative effective and guaranteed means of bringing about the consistency and fairness without needing to go through the Measure process.

… in the absence of any realistic alternatives, the Assembly Government would want to press on to obtain the legislative competence that we need to enable us to take action by statutory means.[39]

27. We agree that the use of the Legislative Competence Order in Council procedure is the most appropriate way for the Welsh Assembly Government to pursue its policy objectives in this area, and that this could not be achieved by use of existing legislation. It is also understood that there is no Government bill in prospect which could address these issues through primary legislation.

The timing of the proposed Order's introduction

28. In his evidence to us, the Parliamentary Under-Secretary of State said that the proposed Order was "not only welcomed by service users but also in principle by the WLGA."[40] However, in oral evidence to the Assembly Committee the Welsh Local Government Association expressed reservations. These included the timing of the proposed Order, given that the UK Government has indicated a commitment to a public consultation and subsequent Green Paper on a new long-term funding settlement for adult social care.[41]

29. Although the consultation, which is expected to start in Spring 2008, concerns the provision of adult social care services in England, it is anticipated that the Green Paper will have implications for Wales.[42] As the Deputy Minister told us, although the Green Paper will apply only to England, "there will be issues that will be of great import to Wales".[43] The Welsh Local Government Association's view was that "we should wait and see what the impact is in Wales".[44]

30. Mr Steve Milsom, the Acting Director of the Older People and Long Term Care Policy Directorate of the Welsh Assembly Government, told the Assembly Committee:

It is clear that this will not happen immediately or quickly. … [The Green Paper] will not contradict in any way what is proposed in the LCO, which is quite narrow and specific.[45]

31. The Deputy Minister's view was that the forthcoming Green Paper was not a reason to delay the introduction of the proposed Order:

There will always be a reason for waiting while some other piece of work is undertaken, but this is an important manifesto commitment and we need to get on with it …[46]

This LCO fulfils a clear "One Wales" policy commitment that we need to get on with, and we cannot hold it up in order to wait and see what may or may not happen as a result of the Green Paper.[47]

32. We note that some valid concerns were expressed by witnesses before the Assembly Committee as to the timing of the introduction of the proposed Order, particularly in relation to a forthcoming Green Paper for social care in England, and we draw such concerns to the attention of the Welsh Assembly Government.

The scope of the proposed Order: the exclusion of residential care

33. The Deputy Minister for Social Services has confirmed that the proposed Order is restricted to charges levied by local authorities for non-residential social care. It would not enable the Assembly to legislate in respect of charges levied by private care providers (which, we were told, currently provide 80% of these services[48]), nor would its provisions apply to residential care.[49] When asked why the proposed Order had been drafted so as to be confined to non-residential care, the Deputy Minister explained that the problem of inconsistencies in charging by local authorities did not exist in the case of residential care.[50] Mr Steve Milsom, the Acting Director of the Older People and Long Term Care Policy Directorate, of the Welsh Assembly Government explained:

The way we ensure consistency in the charging for residential care is through something called CRAG (Charging for Residential Accommodation Guidance); and that sets out capital limits that have to be applied to individual circumstances. … We already have a robust mechanism in place to ensure consistency in respect of residential accommodation charging … Therefore, we do not need to do that through this LCO.[51]

34. The Deputy Minister confirmed that, should the Welsh Assembly Government wish to legislate on matters concerning residential care in the future, an additional Legislative Competence Order (or framework power) would be required in order to do so.[52]

35. We agree that the proposed Order as drafted applies only to non-residential social care provided by or secured by local authorities, and to payments made in respect of individuals with particular needs relating to their well-being.

Respite services

36. In evidence, the question of whether the provision of respite care would fall within the scope of the proposed Order was raised.[53] The Deputy Minister clarified the position in a subsequent letter to the Chair of the Assembly Committee:

The LCO covers charges and payments made by local authorities for non-residential social care. It would therefore cover respite services received in a person's own home such as 24 hour emergency care or sitting services. However it does not cover charges and direct payments for residential social care. Consequently charges or payments made in respect of securing temporary respite care in a care home would fall outside the scope of the Order.[54]

37. We agree that the proposed Order as drafted would cover respite services received in a person's own home, but would not extend to respite care in a care home.

The power to abolish charging

38. In addition to the power for the National Assembly to set maximum charges levied by local authorities for non-residential social care, the proposed Order would also enable it to abolish such charges. That the National Assembly should have the power to abolish charging was strongly supported by the Wales Carers Alliance, Disability Wales and Age Concern Cymru in evidence to the Assembly Committee,[55] although the Welsh Local Government Authority said that the abolition of charges "would be seen in a very unfavourable light" by local authorities.[56]

39. In a statement to the Assembly, the Deputy Minister confirmed that she did "not see there being any danger of this LCO going down the route of free homecare":

... although we would want to support the principle of free homecare, the budget does not currently allow for that.[57]

40. However, the Deputy Minister also confirmed that, as drafted, the proposed Order would transfer to the Assembly the ability to legislate to abolish charges:

The LCO is certainly wide enough to allow for charges to be abolished or for certain services to be nil rated … there is provision, and the scope of the LCO is wide enough.[58]

41. This view was shared by the Parliamentary Under-Secretary of State, although with the "strong proviso" that the policy intention was to "try and regulate the wide range as opposed to the complete abolition of non-residential and domiciliary charges:"[59]

Yes, the competence is there; the intention is not there to do that at the moment.[60]

42. The Deputy Minister was asked which non-residential social care services might be "zero-rated" should the proposed Order take effect, and told the Assembly:

I cannot answer specifically what services would be rated as zero charge; it is too early to do that. However, the LCO would give us the scope to do that.[61]

The Deputy Minister also confirmed that although the abolition of such charges was not a current policy proposal of the Welsh Assembly Government because of affordability, "certainly it would not exclude it".[62]

43. We agree that the proposed Order as drafted would enable the National Assembly to abolish charges made by local authorities for the provision of non-residential care services. We acknowledge that the Welsh Assembly Government has made clear that it does not intend to do so, but note that the power to do so would be conferred under the terms of this Order.

A requirement to charge

44. Conversely to the above, a concern was raised during evidence that the proposed Order included the power to require local authorities to charge for the provision of non-residential care services. The Deputy Minister told the joint meeting of our two committees:

There is no intention whatsoever in this LCO to make it a requirement of local authorities to charge for their [non-residential] services. That discretion will stand within the local democratic system, and the LCO will have no bearing on that. What we want to do is to have the power to legislate … and ensure that payments are more equitable and more consistent. I do not see that bringing in either a cap or a floor would assist that in any way whatsoever.[63]

45. While we acknowledge that the Welsh Assembly Government does not intend to make it a requirement of local authorities to charge for the provision of non-residential social care, we note that the proposed Order as drafted does include the power to do so.

Non-residential social care services for children

46. When asked whether the proposed Order would allow the Assembly to legislate in respect of charges for non-residential social care in respect of children and young people, the Deputy Minister confirmed that it would do so:

Yes. That is quite clear. The LCO … would enable us to introduce a measure on charging by local authorities for children's services. However, we have no intention of introducing such a measure in the foreseeable future - but it would allow it.[64]

47. The Parliamentary Under-Secretary of State agreed:

… the terms of this Order in Council would encompass children as well in terms of non-residential domiciliary care.[65]

48. Both the Welsh Local Government Association and the Association of Directors of Social Services Cymru confirmed that they would like to see the word "children" disapplied in respect of the proposed Order.[66] The Director of Social Care and Housing, Association of Directors, told the Assembly Committee:

… there is a real danger of including this … If something like this gets out, the message might be that the Assembly is looking for a Legislative Competence Order to introduce charging for children. There would be huge opposition to that … The other issue is whether, when you get into the detail, you are charging the child or the parents, and what income you take into consideration.[67]

This was supported by the Wales Carers Alliance and by Disability Wales:

… we have a great deal of concern about this area. … there are no charges for children's services at the moment. If anything, we feel that the LCO should reduce charging rather than introduce other avenues of charging. … we would not want to see such charges included in any LCO.[68]

49. In later evidence to the Assembly Committee the Deputy Minister again clarified that while this power was included in the proposed Order, the Welsh Assembly Government had no plans to require local authorities to introduce charges for non-residential care services for children:

… there is no intention on the Assembly Government's part to encourage or require local authorities to charge for non-residential care services for children. In fact, we are heading in quite the opposite direction. Children's services are included within the scope only because we want to be able to take remedial action in the future if the need were to arise.[69]

50. We note that the proposed Order would allow the Welsh Assembly Government to legislate in this area and that it was being sought only as "an insurance policy for any developments that might occur in the future", in the event that a Welsh local authority decides to introduce charges for non-residential social care for children.[70] The proposed Order, if enacted, would mean that the Welsh Assembly Government would not have to repeat the process of seeking a further Order in respect of services provided for children. As the Deputy Minister said in evidence:

... should that situation arise in the future … the scope of this LCO needs to be wide enough to ensure that any changes so introduced would be fair.[71]

51. While we acknowledge that the Welsh Assembly Government does not intend to require local authorities to charge for the provision of non-residential social care services to children, we note that the proposed Order does include the power to do so. It will be for the National Assembly to decide how to exercise this power in the future.

Variation in assessments for charging

52. It was not only the variation of the level of charges between local authorities which led the Welsh Assembly Government to propose this Order, but also concern at differences in the way in which people are assessed for those charges.[72] In its memorandum to us, Help the Aged in Wales referred to:

… a lack of clarity regarding the ways in which authorities arrive at the charges an individual is expected to pay which adds to the confusion.[73]

The Deputy Minister, in evidence to the Assembly Committee, acknowledged that:

… there are discrepancies with regard to the extent to which individual payments of attendance allowance and war widows' pension are taken into account in the financial assessment.[74]

Mr Steve Milsom, the Acting Director of the Older People and Long Term Care Policy Directorate of the Welsh Assembly Government, said in evidence to the Assembly Committee:

The approach across Wales is quite different on the level of disregards - some are far more generous, particularly in relation to disability-related expenditure, but some are certainly not.[75]

53. In evidence to our joint meeting, the Deputy Minister noted:

We would not want to exclude the opportunity to ensure that the financial assessment process is as fair as the charge itself.[76]

54. Both the Parliamentary Under-Secretary of State and the Deputy Minister confirmed that the proposed Order would enable the Assembly to bring forward measures relating to the process of assessment for charging:[77]

… [the proposed Order] would allow the Assembly to determine the way in which local authorities currently take into account income factors within their calculation of charging.[78]

55. We note that the evidence submitted to this Committee and to the Assembly Committee points to inconsistencies and uncertainty in the assessment of income between different local authorities in Wales for the purposes of charging for the provision of non-residential social care. We acknowledge that this proposed Order would enable the National Assembly to introduce legislation (by measure) with the aim of establishing such consistency, and believe that this is an appropriate legislative competence to devolve.

The relation between Field 15 (social welfare) and Field 12 (local government)

56. While Field 15 of Schedule 5 of the Government of Wales Act 2006 relates to social welfare, another Field, Field 12, relates to local government. When asked whether the ability to make Measures under the proposed Order was conditional on the Assembly having additional competence in Field 12, the Deputy Minister assured us:

... we do not need the ability to legislate in Field 12 for the rights that we are seeking in Field 15 to be effective.[79]

57. We agree that the proposed Order would enable the National Assembly to legislate in the Field of social welfare, without requiring amendment to Field 12 relating to local government.

Reimbursement to local authorities

58. If measures were to be introduced under the terms of this proposed Order limiting charges which local authorities could make for the provision of non-residential social care, some authorities would lose revenue. The Deputy Minister for Social Services told us:

I believe that one of the aspects that the measure could deal with is this aspect of capping, but this is something that we will consider as we move towards a measure …[80]

59. Some witnesses were concerned that, should this be the case, the quality of services provided could suffer. In its written submission to the Assembly Committee, Denbighshire County Council commented:

The emphasis on reducing charges is extremely worrying if it does not also result in higher grant allocations to local authorities. … without an increased level of funding, services are bound to suffer.[81]

60. When asked whether there was a risk that in future a ceiling or cap on charges could lead to lower quality services in some areas and to price increases in other areas, the Deputy Minister replied:

I do not see that placing a cap on charges would create any problems in terms of quality of services because there are other ways … of ensuring that the care meets the necessary standards.[82]

61. The Welsh Local Government Association, while broadly welcoming of the proposed Order, cautioned that in its view:

While there persist long term funding shortfalls in the social care system, variances and inequity will continue to exist across Wales. … The LCO … will not solve this fundamental problem and even with the power the situation will not improve in the short term. We approve in principle of the LCO but have serious concerns about the potential impact. … Changes in isolation to the big picture may well cause damage to the delivery of social care services and increase demand way beyond that which is affordable to the Country as a whole.[83]

62. Beverlea Frowen, Director of Social Services and Health Improvement of the Welsh Local Government Association, told the Assembly Committee:

… in principle, we cannot disagree with the overall desire to smooth out unacceptable variances. Beyond that … we have to look at it in the context of the … overall ways and mechanisms of funding social care in Wales. … We feel that to start looking at measures that potentially drastically change the ability of councils to apply charges in this climate … is premature. … we believe that there is time for reflection before [proceeding] immediately to an LCO on this matter.[84]

63. This view was supported by the Association of Directors of Social Services Cymru, whose Director of Social Care and Housing told the Assembly Committee:

I suppose the question will be … whether this is the appropriate time to be pursuing the LCO when there are bigger issues that we need to be looking at … in terms of the overall funding regime.[85]

… at the moment we do not know what it is that we will be asked to support in terms of the detail, therefore … we have to reserve our judgement.[86]

64. The Deputy Minister for Social Services told us that the cost to local authorities of providing non-residential care services was "around £153 million", although only £23 million was recouped by local authorities by way of charges.[87] However, it was not the intention to prevent local authorities from charging altogether so, as Mr Steve Milsom, Acting Director of the Older People and Long Term Care Policy Directorate of the Welsh Assembly Government told the Assembly Committee, "there would still be an income stream".[88]

65. The Deputy Minister told us in evidence that the extent of any compensation could only be decided in the context of a measure:

The extent to which we decide to compensate local authorities for any revenue that they may lose as the result of a subsequent measure on charging is an issue for consideration when the measure is developed.[89]

66. We note the concern expressed by the representatives of local authorities that in order for the quality of their non-residential social care services not to be adversely affected by the imposition of a limit on the amounts they could recoup in charges, they would need to be reimbursed for lost revenue. We also note the Welsh Assembly Government's assurance that it was its aim to do so, although this could only be defined when measures are brought forward.[90] We must therefore note that there are potentially significant financial implications with measures which may be brought forward under the powers devolved by the proposed Order.

Cross-border issues

DIVERGENCE OF POLICY

67. As the Explanatory Memorandum to the proposed Order makes clear, Section 93 of the Government of Wales Act 2006 imposes a geographical limit to Assembly measures in that they apply only to Wales.[91] This would clearly be so in the case of any measures introduced under the terms of this proposed Order.[92] Nevertheless it raises the possibility that a marked difference in the delivery of public services and charging arrangements could develop between England and Wales, which would be particularly noticeable in the border areas.[93] The Deputy Minister saw this as being "what devolution means" and showed that "Wales can lead the way".[94] The Parliamentary Under-Secretary of State told us that:

We are rightly content with the idea of policy differential, but that policy differential has to ensure that on both sides of the border there is proper and good provision for all end users.[95]

PROVISION OF SERVICES

68. If as a consequence of this Order policies in England and Wales diverge and there is a different level of provision on either side of the border, people might decide to cross the border in order to benefit from the better provision - an issue raised by Denbighshire County Council and by the Welsh Local Government Association in their written submissions to the Assembly Committee.[96] According to the Association:

Parts of Wales are subject to variances and pressures due to their proximity with England. The North Wales coast in particular suffers from a huge ingress of people wishing to retire there. It cannot be overlooked that if there were to be a less costly regime to the individual in Wales this would be a further deciding factor on individuals choosing to move to Wales for their retirement.[97]

69. While acknowledging that these were "valid concerns", the Parliamentary Under-Secretary of State felt that this was "an issue that should be addressed when measures are brought forward".[98] Moreover:

…of the 66,000 adults receiving community-based non-residential services, only around 14,000 of those are actually being charged at the moment. Add to this the fact that the cost of any move would far outweigh the amount being saved by reduced charges, we think that we are very unlikely to see the number of people retiring to Wales … increasing as a result of this policy.[99]

70. Following our joint evidence session with the Assembly Committee, the Deputy Minister wrote to the Chair of that Committee to clarify the circumstances in which non-residential social care in border areas in Wales would be provided by local authorities in England - a situation which, she explained, would be "quite limited given that the vast majority of non-residential social services are received in a individual's home".[100]

… it might be possible … to have a scenario where an individual living in the border regions of Wales attended day care in England. In this situation, while the service would be provided by an English local authority or private care provider, it would be provided on behalf of the Welsh local authority. Therefore any charge for that service to the user would be levied by the Welsh local authority. As such it would be subject to any changes introduced by the Welsh Assembly Government as a result of a subsequent measure … The Welsh service user would not be subject to English charging arrangements even though they were receiving a service in England.[101]

71. We have given consideration to the implications of this proposed Order for the cross-border provision of services, but do not feel that these are significant at present.

10 Q 2 Back

11 Legislative Statement by the Deputy Minister for Social Services to the National Assembly for Wales, 27 November 2007 Back

12 Income from salary is disregarded for charging purposes, but income from occupational pensions is taken into account Back

13 Legislative Statement by the Deputy Minister for Social Services to the National Assembly for Wales, 27 November 2007 Back

14 Oral evidence before the Proposed Domiciliary Care LCO Committee, 7 February 2008 Back

15 Letter from the Deputy Minister for Social Services to the Chair of the Assembly Committee, 13 February 2008 Back

16 Ev 27 (para 4.1) Back

17 Ev 25 Back

18 Memorandum submitted to the Proposed Domiciliary Care LCO Committee by Mencap Cymru Back

19 Legislative Statement by the Deputy Minister for Social Services to the National Assembly for Wales, 27 November 2007 Back

20 ibid Back

21 Legislative Statement by the Deputy Minister for Social Services to the National Assembly for Wales, 27 November 2007 Back