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The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

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Maximum periods of residential accommodation which may be secured by means of a direct payment

8.—(1) Subject to paragraph (2), a direct payment may not be made in respect of a prescribed person who falls within regulation 3(1) for the provision to him or her of residential accommodation for a period in excess of 4 weeks in any period of 12 months.

(2) In calculating the period of 4 weeks mentioned in paragraph (1), in any 12 month period—

(a)an initial period in residential accommodation of less than 4 weeks (period A) shall only be added to a succeeding period (period B) where period B begins within 4 weeks of the end of period A; and

(b)any period in residential accommodation subsequent to period B shall be included in the calculation.

(3) A direct payment may not be made in respect of a prescribed person who falls within regulation 4 for the provision of residential accommodation —

(a)for any single period in excess of 4 weeks; and

(b)for any period in excess of 120 days in any period of 12 months.

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