Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003 and shall come into force on 1st April 2003.

(2) In these Regulations—

• ““the qualifying date” is 31st March 2003, except that where, in respect of any person in receipt of a welfare service, that day falls within a rent free period, the qualifying date shall be the day immediately preceding the start of the rent free period”;

“relevant authority” means—

“rent free period” has the meaning given in regulation 70 of the Housing Benefit (General) Regulations 1987(2); and

“welfare service” includes a service which provides support, assistance, advice or counselling to individuals with particular needs.

Application

2.  These Regulations shall apply to relevant authorities in England(3).

Power to impose charges for certain welfare services

3.  A relevant authority may impose a charge for the provision by the authority to any person of a welfare service where that service—

(a)is provided—

(i)to develop the capacity of the recipient to live independently in the community or to sustain that person’s capacity to live independently in the community; and

(ii)pursuant to an agreement made between the relevant authority and the recipient of the service which provides for the making of the charge; and

(b)was, on the qualifying date, funded (whether partially or fully) by housing benefit paid by a local authority pursuant to regulation 10(1)(e) of the Housing Benefit (General) Regulations 1987(4) in relation to a service charge specified in Schedule 1B to those Regulations.

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to local authorities in England with the exception of district councils which are in area for which there is a county council. The Regulations allow those authorities to make a charge for the welfare services specified in regulation 3. These services are specified by reference to certain service charges for which housing benefit was paid as at 31st March 2003 under transitional housing benefit regulations. The services in question are those specified in Schedule 1B of the Housing Benefit (General) Regulations 1987.

Regulation 3(a) precludes authorities from providing a service at a charge without the agreement of the recipient.