OpenLegislation

Regulation 30 Revised determination – direct paymentsI1

England and Wales

(1)

A local authority may carry out a new determination where—

(a)

it considers that there has been a change in the capital or income of B;

(b)

it considers that there has been a change in the reasonable cost of securing the care and support (including a change resulting from a change in the level at which or degree to which care and support is provided);

(c)

it has changed its policy about the exercise of the discretion to charge under section 59 of the Act;

(d)

it considers that a mistake was made in the assessment of B’s capital or income or in making the determination; or

(e)

B requests a new determination.

F1(2)

Where a local authority makes a further determination of B’s ability to pay a contribution or reimbursement in accordance with this regulation—

(a)

it must provide B with a statement of the revised determination; and

(b)

it must reimburse B for any overcharge of a contribution or reimbursement made before the revised determination; or

(c)

it may require B to pay any additional contribution or reimbursement in relation to any payments made before the revised determination.

Annotations

Textual amendments

F1

Reg. 30(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(l)

Commencement

I1

Reg. 30 in force at 6.4.2016, see reg. 1(3)