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3. A relevant authority may impose a charge for the provision by the authority to any person of a welfare service where that service—
(a)is provided—
(i)to develop the capacity of the recipient to live independently in the community or to sustain that person’s capacity to live independently in the community; and
(ii)pursuant to an agreement made between the relevant authority and the recipient of the service which provides for the making of the charge; and
(b)was, on the qualifying date, funded (whether partially or fully) by housing benefit paid by a local authority pursuant to regulation 10(1)(e) of the Housing Benefit (General) Regulations 1987(1) in relation to a service charge specified in Schedule 1B to those Regulations.
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