ADULT SOCIAL CARE SERVICES (CHARGES) REGULATIONS 2017

Transcription

1 Adult Soial Care Servies (Charges) Regulations 2017 Regulation 1 Statutory Doument No. 2017/0067 Soial Servies At 2011 ADULT SOCIAL CARE SERVICES (CHARGES) REGULATIONS 2017 Approved by Tynwald: 21 Marh 2017 Coming into Operation: 10 April 2017 The Department of Health and Soial Care makes the following Regulations under setions 15(1) and 30(1) 1 of the Soial Servies At Title These Regulations are the Adult Soial Care Servies (Charges) Regulations Commenement If approved by Tynwald, these Regulations ome into operation on 10 April Interpretation and appliation (1) In these Regulations the At means the Soial Servies At 2011 and a referene to a numbered Part or setion is to the Part or setion of the At so numbered; adult means a person who is aged 18 years or older; liable person means an eligible person to whom soial are servies are provided following an assessment under setion 7; and respite, in relation to soial are servies, means a servie whih is preplanned and for a finite period. (2) These Regulations relate only to soial are servies provided to adults diretly by the Department 3. 1 Setion 30(1) is ited beause of the meaning it asribes to presribed. 2 Tynwald approval is required by setion The Department referred to is the Department of Health and Soial Care (see setion 30(1)). SD No.2017/0067 Page 1

2 Regulation 4 Adult Soial Care Servies (Charges) Regulations Non-residential soial are servies (1) A liable person who is provided with a non-residential soial are servie at () (d) (e) (f) (g) (h) (i) (j) (k) Cummal Mooar Day Centre; Eastliffe Resoure Centre; Eastliffe Resoure Industrial Centre (ERIC); Gansey Day Centre; Meadow View Day Centre; Mooragh View; Ny Kiare Thieyn Day Centre; Reayrt ny Baie Day Centre; Reayrt Skyal Day Centre; Southlands Day Centre; or Thie Meanagh Day Centre, must pay to the Department the harge for that servie as speified in Table 1 for the soial are servie provided. Table 1 Soial are servie Non-residential servies inluding lunh Non-residential servies not inluding lunh Charge 5 per day 2 per day (2) A liable person residing in a property speified in the Table in the Shedule (residential servies properties) who is also provided with a non-residential soial are servie at premises mentioned in paragraph (1), () or (f) must pay to the Department the harge of 2 for eah day the non-residential soial are servie is provided. (3) A liable person who is provided with a non-residential soial are servie in a private dwelling must pay to the Department the harge speified in Table 2. Table 2 Day when soial are servie provided Charge Monday to Friday per hour Saturday per hour () Sunday and Publi Holidays () per hour This paragraph is subjet to paragraphs (4) and (5). (4) In the ase of a liable person who was reeiving Home Support Dementia Care in the week up to and inluding the 9 th April 2017, subjet to paragraph (5) the harge speified in paragraph (3) is subjet to a maximum of per week. Page 2 SD No.2017/0067

3 Adult Soial Care Servies (Charges) Regulations 2017 Regulation 5 (5) The harge in paragraph (3) does not apply if the liable person is entitled to inome support for any day falling in the week in whih the servie is provided. (6) In this regulation Home Support Dementia Care means a soial are servie provided in a private dwelling for liable persons diagnosed with dementia and who need a high level of support with daily living tasks; inome support means inome support under setion 124 of the Soial Seurity Contributions and Benefits At (inome support) as it has effet in the Island 5 ; private dwelling means a dwelling, together with any garage, garden and outbuildings enjoyed with it, whih the liable person normally oupies as his or her home; and week means a period of 7 days ommening on a Monday. 5 Residential soial are servies (1) A liable person residing at Cummal Mooar, Reayrt ny Baie or Southlands must pay to the Department a weekly harge of for the soial are servie provided. But, this paragraph does not apply to the Langness or Gansey Units in Southlands. (2) A liable person residing in the premises speified in Table 3 must pay to the Department the orresponding weekly harge speified for those premises in that Table for the soial are servie provided. Table 3 Premises Charge Gansey Unit of Southlands Langness Unit of Southlands () Reayrt Skyal () (d) Sweetbriar Unit of Thie Meanagh (d) (e) Unit 1 of Thie Meanagh (e) (3) A liable person who is residing at a property speified in the Table in the Shedule (residential servies properties) must pay to the Department the weekly harge of 70 for the soial are servie provided (of Parliament). 5 See SD 505/94 (relevant amendments to s.124 made by SD 150/99, SD 539/99, SD 600/00, SD 880/02 and SD 645/05). SD No.2017/0067 Page 3

4 Regulation 6 Adult Soial Care Servies (Charges) Regulations Respite soial are servies (1) A liable person who is provided with a respite soial are servie at Hollydene, Radliffe Villas, Glenruthery Road, must pay to the Department the harge speified for that servie in Table 4. Table 4 Soial are servie Charge overnight stay, daytime respite 10 per night and all meals overnight stay inluding 7 per night breakfast only () evening meal only () 3 per meal (2) In the ase of a liable person who is provided with a respite soial are servie to whih paragraph (1) would apply but the respite soial are servie ours at premises on the Island other than the premises speified in paragraph (1); and is organised by the Department, the liable person must pay to the Department 10 for eah overnight stay. (3) A liable person who is provided with a respite soial are servie at Cummal Mooar, Reayrt ny Baie or Southlands, must pay to the Department the harge speified in regulation 5(1) (residential soial are servies); or premises listed in Table 3 in regulation 5(2), must pay to the Department the orresponding harge for those premises speified in that Table, divided by 7 and multiplied by the number of nights that the liable person has stayed in the premises. But, sub-paragraph does not apply to the Langness or Gansey Units in Southlands. (4) If the harge alulated in aordane with paragraph (3) results in a fration of a penny, that fration is to be disregarded. 7 Revoation The Adult Soial Care Servies (Charges) Regulations are revoked. MADE 8 TH FEBRUARY 2017 R CALLISTER Member for Health and Soial Care 6 SD 2016/0068. Page 4 SD No.2017/0067

5 Adult Soial Care Servies (Charges) Regulations 2017 SCHEDULE SCHEDULE [Regulation 5(3)] RESIDENTIAL SERVICES PROPERTIES 1. Aingeville 93 Woodbourne Road IM2 3AW 3. Bungalows 1, 2, 3 (Cooileen) and 4 (Thie Grianagh) Cronk Grianagh The Strang IM4 4QR Farmhill Meadows Farmhill Braddan IM2 2LJ 7. Greenares and Spring Meadows Braddan Road Strang IM4 4QN Huthinson Square IM2 4HT and 4 Rosebank Viarage Road Farmhill Braddan IM2 2QW 13. Thie My Chree 9 Meadow View Seond Avenue Onhan IM3 4LU 2. Appledene and Thie Ain Radliffe Villas Glenruthery Road IM2 6BG 4. Cushag House Castletown Road Port St Mary IM9 5LS 6. Glendale 15 Brunswik Road IM2 3LH 8. Griffindale House Brunswik Road IM2 3LG Kensington Road IM1 3EP 12. Thie Milan 4 Derby Road IM2 3ET 14. Thie Ushtey Greenfield Road IM2 6ED SD No.2017/0067 Page 5

6 Explanatory Note Adult Soial Care Servies (Charges) Regulations 2017 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations provide for the harging struture for soial are servies provided by the Department under setion 15(1) of the Soial Servies At Regulation 1 provides for the title of the Regulations and regulation 2 provides for their ommenement from 10 April Regulation 3(1) provides for the interpretation of terms used throughout the Regulations and paragraph (2) provides for the appliation of the Regulations, whih are limited to soial are servies provided to adults diretly by the Department and not to any servies whih are ontrated out. Regulation 4 provides for the harges for non-residential servies. Paragraph (1) speifies the failities where non-residential servies are provided by the Department and the fees for those soial are servies. Paragraph (2) provides for the harge for persons who are resident in one of the properties speified in the Table in the Shedule and who are also provided with a non-residential servie to whih paragraph (1) applies. Paragraph (3) provides for the hourly harge for a non-residential soial are servie at a liable person s own home. Paragraph (4) provides that the harge in paragraph (3) is subjet to a maximum of per week in the ase of a person reeiving Home Support Dementia Care immediately prior to the ommenement of these Regulations. Paragraph (5) provides that the harge in paragraph (3) does not apply in any week during whih the liable person is entitled to inome support. Regulation 5 provides for weekly harges for residential servies provided by the Department. Paragraph (1) provides for harges at its Resoure Centres (Cummal Mooar, Reayrt ny Baie and Southlands), and larifies that paragraph (1) does not apply to the Langness or Gansey Units in Southlands. Paragraph (2) provides for the harges for persons residing at Unit 1 and Sweetbriar Unit of Thie Meanagh, Gansey and Langness Units of Southlands, and Reayrt Skyal. Paragraph (3) provides for the weekly harge for persons resident in properties speified in the Table in the Shedule. Regulation 6 provides for harges for respite servies. Paragraph (1) provides for the respite harges for persons provided with the servies listed in Table 4 at Hollydene. Paragraph (2) provides for the harge for overnight respite for persons to whom paragraph (1) would apply, exept the person is staying in premises on the Island, other than those speified in paragraph (1) (Hollydene), and whih is also arranged by the Department as a short break. Paragraph (3) provides for the alulation of an overnight respite harge for persons staying at Cummal Mooar, Reayrt ny Baie, Southlands, Thie Meanagh and Reayrt Skyal. Paragraph (4) provides that if the alulation under paragraph (3) results in a fration of a penny, that fration is ignored. Regulation 7 revokes the Adult Soial Care Servies (Charges) Regulations 2016 relating to harges applied from 18 April Page 6 SD No.2017/0067

7 Adult Soial Care Servies (Charges) Regulations 2017 Explanatory Note Servies provided by the Department whih will not be subjet to harges inlude - The provision of transport to attend a day servie where the transport is provided by or arranged by the Department; The provision of reablement support whih is provided to persons who have been assessed as having are needs and whih is delivered to maximise their level of independene by learning or relearning the skills neessary for daily living; and Assessment of need, advie and information about relevant soial are servies provided by an independent or third setor provider. SD No.2017/0067 Page 7