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

Invitation to request a means assessment

7.—(1) Where a local authority is required by section 4 of the Measure (invitation to request a means assessment) or determines in accordance with paragraph (2) to issue an invitation to a service user to request an assessment of his or her means under section 5(1) of the Measure (duty to carry out a means assessment), the local authority must ensure that the invitation contains full details of–

(a) the services that are being offered to, or provided for, the service user for which a charge is being considered;

(b) its charging policy, which must include the following—

(i) its policy in relation to which, if any, of the services it provides are subject to a charge,

(ii) details of the standard charge(1) which may be imposed in relation to any such service,

(iii) details of any service for which a flat-rate charge is imposed, and

(iv) details of the maximum reasonable charge for services that may be imposed in accordance with regulation 5, or the maximum reasonable charge that the local authority applies, where that charge is lower;

(c) its means assessment process;

(d) its procedure for dealing with a means assessment for a service user who receives only services for which a flat-rate charge is imposed;

(e) the information and documentation that a service user is required to provide in order that an assessment of the service user’s means can be undertaken;

(f) the time, as specified in regulation 8, within which a service user is required to supply the information and documentation referred to in sub-paragraph (e);

(g) the format in which it will accept the information and documentation referred to in sub-paragraph (e);

(h) any home visiting facility that it provides within its area;

(i) the consequences of failing to respond to the invitation in accordance with sub-paragraph (f);

(j) the named individuals within the authority whom a service user should contact should that person require additional information or assistance in respect of any of the processes attendant upon the issue of the invitation;

(k) a service user’s right to appoint a third party to assist, or to act on his or her behalf, in respect of all or part of the means assessment process; and

(l) the contact details of any organisation in its area which provides support or assistance of the type referred to in sub-paragraph (k).

(2) Where a local authority reasonably considers that one or more of the circumstances prescribed by section 9(4) of the Measure (replacement by authority of determinations as to ability to pay) applies, it must invite a service user to request a new assessment of his or her means under section 5(1) of the Measure with a view to its making a further determination of that person’s ability to pay a charge in accordance with section 9 of the Measure and regulation 15.

(3) A local authority must provide a service user with the information referred to in paragraph (1) in writing, or in any other format that is appropriate to the communication needs of the service user(2).

(1)

“Standard charge” is defined in section 7(4) of the Measure.

(2)

For an explanation of the meaning of “any format appropriate to the communication needs of the service user”, please refer to the guidance published by the Welsh Ministers, entitled Introducing More Consistency in Local Authority Charging for Non-Residential Social Services.