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The Care and Support (Charging and Assessment of Resources) Regulations 2014

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This is the original version (as it was originally made).

Circumstances in which an authority is to be treated as having carried out a financial assessment (including light touch assessments)

This section has no associated Explanatory Memorandum

10.—(1) A local authority is to be treated as having carried out a financial assessment in an adult’s case and being satisfied on that basis that the adult’s financial resources exceed the financial limit(1) where—

(a)the adult has refused a financial assessment; or

(b)the authority has been unable to carry out a full financial assessment because of the adult’s refusal to co-operate with the assessment and the local authority nevertheless decides to meet some or all of the adult’s needs for care and support, or for support.

(2) A local authority is to be treated as having carried out a financial assessment in an adult’s case and being satisfied on that basis that the adult’s financial resources do not exceed the financial limit where—

(a)with the consent of the adult, the authority has not carried out a financial assessment in accordance with these Regulations; and

(b)the authority is satisfied from the evidence available to it that the adult’s financial resources do not exceed the financial limit.

(3) A local authority is to be treated as having carried out a financial assessment in an adult’s case and being satisfied on that basis that the adult’s financial resources exceed the financial limit where—

(a)with the consent of the adult, the authority has not carried out a financial assessment in accordance with these Regulations; but

(b)the authority is satisfied from the evidence available to it that the adult’s financial resources do exceed the financial limit.

(1)

See section 17(10) of the Act as to the meaning of “the financial limit”.

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