OpenLegislation

Regulation 24 Procedure for determining the level of a contribution or reimbursement in relation to direct payments for accommodation in a care homeI1

England and Wales

(1)

This regulation applies in relation to the determination of the level of contribution or reimbursement in relation to direct payments for accommodation in a care home.

(2)

When calculating the amount that B may be required to contribute by way of contribution or reimbursement the local authority must adopt the following procedure—

(a)

calculate the amount of the reasonable cost of securing the care and support to meet B’s needs;

(b)

subject the amount in (a) to a determination of what it would be reasonably practicable for B to pay in accordance with regulation 26 (capital limit) and regulation 28 (minimum income amount where a person is provided with accommodation in a care home).

(3)

Where a local authority thinks it would impose a charge in relation to B where B is a short-term resident it must treat B as if B was receiving non-residential care and support and follow the procedure in regulation 23 and make a determination in accordance with regulations 26 and 27.

Annotations

Commencement

I1

Reg. 24 in force at 6.4.2016, see reg. 1(3)