Regulation 5 The additional cost condition

(1)

The additional cost condition is met if—

(a)

the local authority is satisfied that—

(i)

a person other than the adult, or

(ii)

in a case to which paragraph (5) applies, the adult,

(“the payer”) is able and willing to pay the additional cost of the preferred accommodation for the period during which the local authority expects to meet the adult’s needs by providing or arranging for the provision of that accommodation; and

(b)

the payer enters a written agreement with the local authority in which the payer agrees to pay the additional cost.

(2)

The local authority must provide the payer with access to sufficient information and advice to enable the payer to understand the terms of the proposed written agreement before entering into it.

(3)

The written agreement must include—

(a)

the additional cost;

(b)

the amount specified in the adult’s personal budget in relation to the provision of accommodation;

(c)

the frequency of payments;

(d)

details of the person to whom the payments are to be made;

(e)

provision for review of the agreement;

(f)

provisions about the matters specified in paragraph (4).

(4)

The specified matters are—

(a)

the consequences of ceasing to make payments;

(b)

the effect of increases in charges made by the provider of the preferred accommodation;

(c)

the effect of changes in the payer’s financial circumstances.

(5)

The local authority may not agree with the adult for whom the accommodation is to be provided for that adult to pay the additional cost unless—

(a)

paragraph 2 of Schedule 2 to the Care and Support (Charging and Assessment of Resources) Regulations 2014^f1 (the 12 week property disregard) applies to that adult; or

(b)

the adult and the local authority agree to enter into a deferred payment agreement in accordance with the Care and Support (Deferred Payment) Regulations 2014^f2 in respect of the additional cost.

(6)

For the purposes of this regulation the additional cost that is to be met by the payer may be less than the full amount of the additional cost referred to in section 30(3) of the Act, if the local authority agrees that a lesser amount should be paid.

Annotations

Footnotes

f1: S.I. 2014/2672.
f2: S.I. 2014/2671.