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Regulation 8 Procedure for determining a charge in relation to person for whom the local authority provides or arranges non-residential care and supportI1

England and Wales

(1)

This regulation applies in relation to the charges for provision of care and support which does not consist of provision of accommodation in a care home.

(2)

When calculating the amount that A may be required to pay a local authority must adopt the procedure set out in paragraph (3).

(3)

A local authority must—

(a)

calculate the amount of the standard charge for the care and support provided or to be provided to the person;

(b)

disregard from that total the amount of any charges which are flat-rate charges;

(c)

apply the maximum weekly charge for non-residential care and support where the resulting amount would otherwise exceed it;

(d)

subject the amount calculated in accordance with this regulation to a determination of what it would be reasonably practicable for the person to pay in accordance with regulations 11 F1(relevant capital limit) and 12 (minimum income amount for a person being provided with non-residential care and support).

Annotations

Textual amendments

F1

Words in reg. 8(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(c)

Commencement

I1

Reg. 8 in force at 6.4.2016, see reg. 1(3)