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The Special Guardianship (Wales) Regulations 2005

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Decision as to special guardianship support services

9.—(1) The local authority must, having regard to the assessment, and after considering any representations received during the period specified under regulation 8—

(a)consider whether the assessed person has needs for special guardianship support services; and

(b)decide whether any such services are to be provided to the person.

(2) The local authority must give notice of the decision under paragraph (1), and of the reasons for that decision, in accordance with regulation 10.

(3) Where the assessment relates only to the provision of information, the requirement in paragraph (2) to give notice does not apply where the local authority do not consider it appropriate to give such notice.

(4) Paragraphs (5) to (10) apply where the local authority decide that financial support is to be paid.

(5) The local authority must determine and notify in accordance with regulation 10—

(a)in accordance with regulation 7, the amount that is to be payable;

(b)the conditions, if any, which are to be imposed in accordance with paragraph (10) on the provision or use of that financial support;

(c)the date, if any, by which any conditions are to be met;

(d)the consequences of not meeting any conditions;

(e)where the financial support is to be paid as a single payment, the date on which the payment is to be made;

(f)where the financial support is to be paid in instalments or periodically—

(i)the frequency with which payment will be made;

(ii)the date of the first payment, and

(iii)the date, if any, on which payment will cease.

(6) The notification under paragraph (2) must also include information as to—

(a)the method of determination of the amount of the financial support;

(b)the arrangements for the review, variation or termination of the financial support; and

(c)the responsibilities of the local authority under regulation 12 and of the person receiving support pursuant to regulation 4(2) and paragraph (10).

(7) Subject to paragraphs (8) and (9), financial support must be paid as a single payment.

(8) The person to whom the financial support is to be paid and the local authority may agree that the support shall be paid—

(a)in instalments; or

(b)periodically,

on and until such dates as the local authority may specify.

(9) Where the local authority decide that the financial support is to meet any needs which are likely to give rise to recurring expenditure, they may determine that that financial support shall be paid—

(a)in instalments; or

(b)periodically,

on and until such dates as the local authority may specify.

(10) The local authority may impose such conditions as they consider appropriate upon the payment of financial support, which may include conditions as to—

(a)the timescale within which and the purpose for which the payment should be utilised; and

(b)compliance with the matters referred to in regulation 4(2).

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