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The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011

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Amount and payment of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act

10.—(1) Subject to paragraphs (5) and (6), a direct payment under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act will be made as a gross payment(1) unless the responsible authority decides it will be made as a net payment(2).

(2) Subject to paragraphs (3) and (8), for the purpose of making the payment referred to in paragraph (1), the responsible authority must determine, having regard to the prescribed person’s means, what amount or amounts (if any) it is reasonably practicable for the prescribed person to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of a contribution as mentioned in section 57(5) of that Act).

(3) Paragraphs (2), (5) and (8) do not apply to a prescribed person who—

(a)falls within the description prescribed by regulation 3; and

(b)is, or will be, securing the provision of a chargeable service,

but paragraph (4) has effect in respect of such a person.

(4) For the purposes of making the payment referred to in paragraph (1), the responsible authority must determine what amount or amounts (if any) it is reasonably practicable for the prescribed person to pay towards securing the provision of a chargeable service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of contribution as mentioned in section 57(5) of that Act) in accordance with the Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011.

(5) Where the relevant service is one which, apart from these Regulations, would be provided under section 117 of the 1983 Act (after-care)—

(a)the payment is to be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and

(b)subsection (4)(b) of that section does not apply.

(6) Where a direct payment is made to a person falling within section 17A(5) of the 1989 Act—

(a)the payment is to be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and

(b)subsection (4)(b) of that section does not apply.

(7) The payment referred to in paragraph (1) may be made to—

(a)the prescribed person; or

(b)a person nominated by the prescribed person to receive the payment on their behalf.

(8) For the purpose of making a direct payment under section 57(1) of the 2001 Act in respect of the prescribed person securing the provision of residential accommodation, the responsible authority may make the determination referred to in paragraph (2) irrespective of the means of the prescribed person.

(1)

See section 57(4) of the 2001 Act, as amended by section 146(4) of the 2008 Act, for the definition of “gross payment”.

(2)

See section 57(5) of the 2001 Act, as amended by section 146(5) of the 2008 Act, for the definition of “net payment”.

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