- a pooled fund
means a fund established and maintained by a local authority or a Local Health Board, out of which the payments may be made towards the expenditure incurred for the purpose of, or in connection with, partnership arrangements.
- abuse
(“camdriniaeth”, “cam-drin”) means physical, sexual, psychological, emotional or financial abuse (and includes abuse taking place in any setting, whether in a private dwelling, an institution or any other place), and “financial abuse” (“camdriniaeth ariannol”) includes— (a) having money or other property stolen;
- accommodation
means accommodation which is provided for a continuous period of more than 24 hours.
- additional cost
means the difference between—
- additional learning needs
has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
- adoption agency
has the meaning given by section 2 of the Adoption and Children Act 2002;
- adult
(“oedolyn”) has the meaning given by section 3;
- an authorised officer
means a person authorised by a local authority for the purposes of this section, but regulations may set restrictions on the persons or categories of persons who may be authorised.
- approved premises
(“mangre a gymeradwywyd”) has the meaning given by section 13 of the Offender Management Act 2007;
- asset
means anything which may be taken into account for the purposes of a financial assessment.
- authorised person
means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer's behalf.
- bail in criminal proceedings
(“mechnïaeth mewn achos troseddol”) has the meaning given by section 1 of the Bail Act 1976;
- benefit
includes any allowance, payment, credit or loan.
- care and support
(“gofal a chymorth”) has the meaning given by section 4;
- Care and support provision
means—
- Care home
has the same meaning as in the Care Standards Act 2000. 3 “Care home provider” means a person who carries on a care home. 4 Action is to be treated as action taken by a care home provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a care home provider if— a that provider provides, by means of an arrangement with another person, accommodation, nursing or personal care in a care home in Wales for a person falling within section 3(2) of the Care Standards Act 2000, and b the action is taken by or on behalf of the other person in carrying out the arrangement. 34S 1 This section applies for the purposes of this Act. 2 “Domiciliary care” means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance. 3 “Domiciliary care provider” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who— a carries on the activity otherwise th
- Care home provider
means a person who carries on a care home. 4 Action is to be treated as action taken by a care home provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a care home provider if— a that provider provides, by means of an arrangement with another person, accommodation, nursing or personal care in a care home in Wales for a person falling within section 3(2) of the Care Standards Act 2000, and b the action is taken by or on behalf of the other person in carrying out the arrangement. 34S 1 This section applies for the purposes of this Act. 2 “Domiciliary care” means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance. 3 “Domiciliary care provider” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who— a carries on the activity otherwise than in partnership with others, b is not employed by a body corporate o
- carer
(“gofalwr”) has the meaning given by section 3;
- category 1 young person
means a child who— (a) is aged 16 or 17, (b) is being looked after by a local authority, and (c) has been looked after by a local authority or a local authority in England for a specified period, or periods amounting in all to a specified period, which began after the child reached a specified age and ended after the child reached the age of 16;
- category 2 young person
means a child who— (a) is aged 16 or 17, (b) is not being looked after by a local authority or a local authority in England, and (c) immediately before ceasing to be looked after, was a category 1 young person;
- category 3 young person
means a person aged 18 or over who— (a) has been a category 2 young person (and would continue to be so if he or she were under the age of 18), or (b) was being looked after by a local authority when he or she reached the age of 18 and, immediately before ceasing to be looked after, was a category 1 young person;
- category 4 young person
means a person who— (a) is a category 3 young person towards whom the duties under sections 105, 106, 107(3) and (10) and 110 have ceased to apply (see section 111), (b) has informed the responsible local authority that he or she is pursuing, or wishes to pursue, a programme of education or training, and (c) has not reached the age of 25 or any lower age specified;
- category 5 young person
means a person— (a) who has reached the age of 16 but has not yet reached the age of 21, (b) with respect to whom a special guardianship order is in force (or, if the young person has reached the age of 18, was in force when he or she reached that age), and (c) who was, immediately before the making of that order, looked after by a local authority;
- category 6 young person
means a person, other than a category 5 young person, who— (a) at any time after reaching the age of 16 but while still a child was, but is no longer, looked after, accommodated or fostered, (b) if so accommodated or fostered, is now within Wales, and (c) has not yet reached the age of 21.
- child
means a person not over compulsory school age (within the meaning given by section 8 of the Education Act 1996 (c. 56));
- continuing NHS care
means services or facilities provided by virtue of sections 3(1)(e) and 12 of the National Health Service (Wales) Act 2006.
- court
(“llys”) means the High Court or a family court.
- disabled
(“anabl”) has the meaning given by section 3;
- Domiciliary care
means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance. 3 “Domiciliary care provider” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who— a carries on the activity otherwise than in partnership with others, b is not employed by a body corporate or unincorporated association to carry it on, c does not employ any other person to carry out the activity, and d provides or arranges the provision of domiciliary care to fewer than four persons. 4 Action is to be treated as action taken by a domiciliary care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a domiciliary care provider if— a that provider provides domiciliary care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. 34T 1 This section applies for the
- Domiciliary care provider
means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who— a carries on the activity otherwise than in partnership with others, b is not employed by a body corporate or unincorporated association to carry it on, c does not employ any other person to carry out the activity, and d provides or arranges the provision of domiciliary care to fewer than four persons. 4 Action is to be treated as action taken by a domiciliary care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a domiciliary care provider if— a that provider provides domiciliary care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. 34T 1 This section applies for the purposes of this Act. 2 “Palliative care service” means a service the main purpose of which is to provide palliative care. 3 “Independent palliative care provider” means a person who— a prov
- education functions
(“swyddogaethau addysg”) has the meaning given by section 579(1) of the Education Act 1996;
- eligibility criteria
(“meini prawf cymhwystra”) means criteria set under section 32;
- enactment
(“deddfiad”) means— (a) except in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)— (i) an Act of Parliament;
- English health body
(“corff iechyd Seisnig”) means— (a) an integrated care board;
- financial abuse
(“camdriniaeth ariannol”) includes— (a) having money or other property stolen;
- financial assessment
(“asesiad ariannol”) has the meaning given by section 63;
- financial limit
(“terfyn ariannol”) has the meaning given by section 66(5);
- financial year
means the period of one year beginning on 1 April and ending on 31 March.
- for-profit provider
means—
- Former care home provider in Wales
means a person who— a at the relevant time, provided accommodation, nursing or personal care of a particular description at a care home (within the meaning given by the Care Standards Act 2000) in Wales, and b subsequently ceased to do so (whether or not the person has later started to do so again). 4B “Former domiciliary care provider in Wales” means a person who— a at the relevant time, provided domiciliary care services of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to provide those services again). 4C “Former independent palliative care provider in Wales” means a person who— a at t
- Former domiciliary care provider in Wales
means a person who— a at the relevant time, provided domiciliary care services of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to provide those services again). 4C “Former independent palliative care provider in Wales” means a person who— a at the relevant time, provided a palliative care service of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to do so again).”
- former foster parent
has the same meaning as in that definition.
- Former independent palliative care provider in Wales
means a person who— a at the relevant time, provided a palliative care service of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to do so again).”
- function
(“swyddogaeth”) means power or duty;
- gross payments
means direct payments— (a) which are made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of the care and support (or, in the case of carers, the support) in respect of which the payments are made, but (b) which may be made subject to the condition that a person specified in regulations pays to the authority, by way of reimbursement, an amount or amounts determined under the regulations;
- Health and Social Care trust
(“ymddiriedolaeth Iechyd a Gofal Cymdeithasol”) means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));
- health body
(“corff iechyd”) means— (a) a Local Health Board;
- health enactment
(“deddfiad iechyd”) means— (a) the National Health Service (Wales) Act 2006;
- Health provision
means provision of health services as part of the health service.
- health service
means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006.
- Health-related provision
means provision of services which may have an effect on the health of individuals but which are not—
- hospital
(“ysbyty”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006;
- Independent palliative care provider
means a person who— a provides a palliative care service, and b is not a Welsh health service body. 4 Action is to be treated as action taken by an independent palliative care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by an independent palliative care provider if— a that provider provides palliative care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. 34U 1 This section applies if, in making a decision under section 2(5) or 34B(8) or conducting an investigation under Part 2 or 2A, the Ombudsman forms the opinion that a matter which is the subject of the complaint or investigation could be the subject of an investigation by an ombudsman mentioned in subsection (7). 2 The Ombudsman must consult that ombudsman about the matter. 3 The Ombudsman may co-operate with that ombudsman in relation to the matter. 4 Consultation under subsection (2), and co-operation under subsection
- independent review function
(“swyddogaeth adolygu annibynnol”) means a function conferred or imposed on the Welsh Ministers by regulations made by virtue of subsection (1)(b);
- information
includes, but is not limited to, financial information (including information about direct payments).
- information, advice or assistance
(“gwybodaeth, cyngor neu gynhorthwy”) means information, advice or assistance that may be provided by virtue of section 17;
- inspector
means an individual authorised under subsection (1).
- integrated care board
(“bwrdd gofal integredig”) means a body established under section 14Z25 of the National Health Service Act 2006;
- local authority
(“awdurdod lleol”) means the council of a county or county borough in Wales;
- local authority foster parent
(“rhiant maeth awdurdod lleol”) means a person authorised as such in accordance with regulations made by virtue of— (a) sections 87 and 93;
- local authority in England
(“awdurdod lleol yn Lloegr”) means— (a) a county council in England, (b) a district council for an area in England for which there is no county council, (c) a London borough council, or (d) the Common Council of the City of London;
- local authority in Scotland
(“awdurdod lleol yn yr Alban”) means a council constituted under section 2 of the Local Government etc.
- local authority residence requirement
has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;
- Local Health Board
(“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
- local housing authority
(“ awdurdod tai lleol ”) means a local housing authority within the meaning of the Housing Act 1985.
- looked after, accommodated or fostered
means—
- material
(“deunydd”) includes any picture or representation;
- National Board
(“Bwrdd Cenedlaethol”) means the National Independent Safeguarding Board referred to in section 132;
- necessary consent
means—
- needs assessment
(“asesiad o anghenion”) means an assessment under Part 3;
- neglect
(“esgeulustod”) means a failure to meet a person's basic physical, emotional, social or psychological needs, which is likely to result in an impairment of the person's well-being (for example, an impairment of the person's health or, in the case of a child, an impairment of the child's development);
- net payments
means direct payments— (a) which are made on the basis that a person specified in regulations will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the care and support (or, in the case of carers, the support) in respect of which the payments are made, and (b) which are accordingly made at a rate below the rate the local authority estimates to be equivalent to the reasonable cost of securing the provision of that care and support (or, in the case of carers, that support) so as to reflect the contribution to be made by that person.
- notice of proceedings
(“hysbysiad o achos”) means a summons or such other notice of proceedings as is required;
- nursing care
(“gofal nyrsio”) means a service which involves either the provision of care or the planning, supervision or delegation of the provision of care, but does not include a service which, by its nature and in the circumstances in which it is to be provided, does not need to be provided by a registered nurse.
- organisation
(“sefydliad”) includes the Secretary of State, a public body and a private or voluntary organisation.
- Palliative care service
means a service the main purpose of which is to provide palliative care. 3 “Independent palliative care provider” means a person who— a provides a palliative care service, and b is not a Welsh health service body. 4 Action is to be treated as action taken by an independent palliative care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by an independent palliative care provider if— a that provider provides palliative care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. 34U 1 This section applies if, in making a decision under section 2(5) or 34B(8) or conducting an investigation under Part 2 or 2A, the Ombudsman forms the opinion that a matter which is the subject of the complaint or investigation could be the subject of an investigation by an ombudsman mentioned in subsection (7). 2 The Ombudsman must consult that ombudsman about the matter. 3 The Ombudsman may co-operate with that ombudsm
- placement
means—
- post-18 living arrangement
has the meaning given by section 108 and “former foster parent” has the same meaning as in that definition.
- Premises
includes a vehicle.
- prescribed
(“a ragnodir”) means prescribed by the rules;
- preventative services
(“gwasanaethau ataliol”) means services that may be provided by virtue of section 15.
- prison
(“carchar”) has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act);
- private provider
means—
- prospective adopter
means a person with whom a child is placed under section 81(11).
- public funding
means funding from— a the Welsh Ministers, b a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, c an NHS Trust, or d a county council or county borough council in Wales. 4 A complaint is “duly made” to the Ombudsman if (but only if)— a it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman, b before the complaint is made— i the matter to which it relates has been brought, by or on behalf of the person affected, to the notice of the provider to whom it relates, and ii the provider has been given a reasonable opportunity to investigate the matter and to respond, and c the requirements of section 34E are met in respect of it. 5 A complaint is “duly referred” to the Ombudsman if (but only if)— a it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman, and b the requirements of section 34F are met in respect of it. 6 It is for the Ombudsman to determine whether the requirements of subsection (1) have been met in respect of a complaint. 7 Where the Ombudsman determines that the requirements of subsection (1) have not been met in respect of a compla
- publish
(“cyhoeddi”) includes— (a) include in a programme service (within the meaning of the Broadcasting Act 1990);
- qualifying person or body
(“person neu gorff cymhwysol”) means a person or body whose functions or activities are considered by the Board to be such that the person or body is likely to have information relevant to the exercise of a function of the Board;
- regulated service
(“gwasanaeth rheoleiddiedig”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;
- relevant body
means a local authority or Local Health Board which has carried out a joint assessment under section 14(1).
- relevant carer
(“gofalwr perthnasol”) means a carer who— (a) is an adult, and (b) provides or intends to provide care for another adult;
- relevant child
means a child who—
- relevant person
(“person perthnasol”) means— (a) in a case involving an adult's needs for care and support, that adult;
- relevant persons
means persons whose consent must be obtained to the making of direct payments under regulations made under section 49A.
- relevant proceedings
(“achos perthnasol”) means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.
- responsible local authority
means—
- Safeguarding Board
(“Bwrdd Diogelu”) means a Safeguarding Children Board or a Safeguarding Adults Board established under section 134.
- Safeguarding Board area
(“ardal Bwrdd Diogelu”) means an area set out in regulations under section 134(1);
- Safeguarding Board partner
(“partner Bwrdd Diogelu”) means a person or body mentioned in section 134(2) or in regulations made under section 134(6)(b) (and references to a Safeguarding Board partner's area are to the Safeguarding Board area in relation to which it is a Safeguarding Board partner).
- service provider
(“darparwr gwasanaeth”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.
- services
(“gwasanaethau”) includes facilities;
- social enterprise
(“menter gymdeithasol”) means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which— (a) generates most of its income through business or trade, (b) reinvests most of its profits in its social objects, (c) is independent of any public authority, and (d) is owned, controlled and managed in a way that is consistent with its social objects;
- society
(“y gymdeithas”) includes a section of society;
- Special Health Authority
(“Awdurdod Iechyd Arbennig”) means a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 or section 28 of the National Health Service Act 2006;
- specified
(“penodedig” and “a bennir”) means specified in a request made under subsection (1).
- standard charge
means the amount that a local authority would charge under section 59 if no determination were made under section 66 as to a person's ability to pay that amount.
- statutory complaints procedures
means procedures established by or under an enactment within the legislative competence of the National Assembly for Wales.
- the appeal period
means—
- the appropriate officer
means—
- the assessed person
means the person whose financial resources have been assessed under section 63.
- the permitted period
means— a where the person aggrieved has notice of the matter before the date on which section 34B comes into force, the period of 12 months beginning with the date on which that section comes into force, and b in any other case, the period of 12 months beginning with the day on which the person aggrieved first has notice of the matter. 3 It is for the Ombudsman to determine whether the requirements of subsection (1) are met in respect of a complaint. 34F 1 The requirements mentioned in section 34B(5)(b) are that the complaint— a must have been made to the provider to whom it relates— i by a person who would have been entitled under section 34D to make the complaint to the Ombudsman, and ii before the end of the permitted period (within the meaning given by section 34E(2)), and b must be referred to the Ombudsman— i in writing, and ii before the end of the period of 12 months beginning with the day on which the complaint was made to the provider. 34G 1 If the Ombudsman decides under section 34B(8) not to begin an investigation into a complaint or to discontinue an investigation, the Ombudsman must prepare a statement of the reasons for that decision. 2 The Omb
- the responsible authority
means—
- third sector organisation
(“sefydliad trydydd sector”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society.
- visiting arrangements
means arrangements made under subsection (2).
- voluntary organisation
(“sefydliad gwirfoddol”) means a body (other than a public or local authority) whose activities are not carried on for profit;
- well-being
(“llesiant”) has the meaning given by section 2;
- Welsh family proceedings officer
(“swyddog achosion teuluol Cymru”) has the meaning given by section 35 of the Children Act 2004;
- youth detention accommodation
(“llety cadw ieuenctid”) means— (a) a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016);
- youth offending team
(“tîm troseddwyr ifanc”) means a team established under section 39 of the Crime and Disorder Act 1998.
- youth rehabilitation order
has the meaning given by section 173 of that Code;
- youth rehabilitation order with fostering
has the meaning given by section 176 of that Code.