Regulation 23 Procedure for determining the amount of a contribution or reimbursement in relation to direct payment for non-residential care and supportI1
England and Wales
This regulation applies in relation to the determination of the level of contribution or reimbursement that B is, or may be, required to make in respect of direct payments for non-residential care and support.
When calculating the amount that B may be required to contribute by way of contribution or reimbursement, a local authority must adopt the procedure set out in paragraph (3).
A local authority must—
calculate the reasonable cost of securing the provision of care and support for B;
disregard from that total—
an amount equivalent to the flat-rate charge in respect of those services to which a flat-rate charge applies in accordance with regulation 22(2); and
any sum paid for the purchase of equipment which would otherwise be provided by the local authority;
apply the maximum weekly contribution or reimbursement for direct payments for non-residential care and support where the resulting amount would otherwise exceed it;
subject the amount calculated in accordance with this regulation to a determination of what it would be reasonably practicable for the person to contribute by way of contribution or reimbursement in accordance with the regulation 26 F1(relevant capital limit) and 27 (minimum income amount for a person with needs for non-residential care and support).
Annotations
Textual amendments
- F1
Words in reg. 23(3)(d) 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(i)