The Social Care Charges (Means Assessment and Determination of Charges) (Wales) Regulations 2011

Determination as to a service user’s ability to pay a charge

15.—(1) Where a local authority makes a determination as to a service user’s ability to pay a charge in accordance with section 7 (determinations as to ability to pay) or section 9 of the Measure (replacement by authority of determinations as to ability to pay ) it must give effect to the requirements of this regulation.

(2) A local authority must ensure when determining the charge to be imposed for a service offered to or being received by a service user, that it does not reduce the service user’s net income—

(a) where the service user is in receipt of a relevant benefit, to an amount below the total of—

(i) the basic entitlement to the relevant benefit that is being received by that person, and

(ii) an amount of not less than 35% of that entitlement (“a buffer”) (“clustog”), and

(iii) an amount to compensate the service user for disability-related expenditure of not less than 10% of the amount referred to in paragraph (i); or

(b) where the service user is not in receipt of a relevant benefit, to an amount below the total of—

(i) the amount the local authority reasonably assesses, having regard to the person’s age, circumstances and level of disability, would be equal to the service user’s basic entitlement to a relevant benefit, and

(ii) a buffer of not less than 35% of the amount estimated in paragraph (i), and

(iii) an amount to compensate the service user for disability-related expenditure of not less than 10% of the amount referred to in paragraph (i).

(3) Nothing in this regulation affects the discretion of a local authority to increase the percentage of the buffer or the amount to compensate for any disability-related expenditure when making a determination in accordance with paragraph (1).