Regulation 30 Revised determination – direct paymentsI1
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 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);
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 B’s capital or income or in making the determination; or
B requests a new determination.
Where a local authority makes a further determination of B’s ability to pay a contribution or reimbursement in accordance with this regulation—
it must provide B with a statement of the revised determination; and
it must reimburse B for any overcharge of a contribution or reimbursement made before the revised determination; or
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)