Regulation 15 Revised determinationI1
England and Wales
A local authority may carry out a new determination where—
it considers that there has been a change in the capital or income of A;
it considers that there has been a change in the standard charge for the service (including a change resulting from a change in the level at which or degree to which care and support is provided);
it has changed its policy about the exercise of the discretion to charge under section 59 of the Act;
it considers that a mistake was made in the assessment of A’s capital or income or in making the determination; or
A requests a new determination.
Where a local authority makes a further determination of A’s ability to pay a charge in accordance with this regulation—
it must provide A with a statement of the revised determination; and
it must reimburse A for any overcharge for care and support which was provided or arranged before the revised determination; or
it may require A to pay any additional charge for care and support which was provided or arranged before the revised determination.
Annotations
Textual amendments
- F1
Reg. 15(2) substituted (10.4.2017) by The Care and Support (Choice of Accommodation, Charging and Financial Assessment) (Miscellaneous Amendments) (Wales) Regulations 2017 (S.I. 2017/214), regs. 1(2), 3(g)