Social Care Charges (Wales) Measure 2010

4 Invitation to request means assessment

(1) A local authority must invite a person to request a means assessment under section 5(1)—

(a) if it is reasonably practicable to do so, when the authority offers the person a chargeable service;

(b) if it has not been reasonably practicable to give an invitation as mentioned in paragraph (a), as soon as reasonably practicable after the offer was made;

(c) if an invitation has not been given under paragraph (a) or (b) prior to provision of a service commencing, as soon as reasonably practicable thereafter; or

(d) in relation to a person who is being provided with a chargeable service, in such cases as may be specified in regulations made by the Welsh Ministers.

(2) Where an invitation is required to be given to a person under subsection (1), the local authority must not—

(a) impose, or

(b) in a case where regulations under subsection (1)(d) impose a duty in a case where a charge has already been imposed, alter,

a charge for the service in question under section 1(1) unless the requirements set out in subsection (3) have been satisfied.

(3) The requirements are that—

(a) the invitation has been given; and

(b) where the person responds to the invitation in accordance with, and by the time specified in, regulations made by the Welsh Ministers, the authority has complied with its obligations under sections 5 and 7.

(4) The Welsh Ministers may by regulations make provision—

(a) as to the form and content of invitations under subsection (1); and

(b) as to the manner in which such invitations are to be given.