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The Social Care Charges (Means Assessment and Determination of Charges) (Wales) Regulations 2011

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Withdrawal of a request for a means assessment

12.—(1) A service user may withdraw a request for a means assessment by notifying a local authority of his or her decision at any time before the means assessment has been completed.

(2) A service user may notify a local authority of the decision to withdraw a request for a means assessment orally, in writing, or in any other format that is appropriate to the communication needs of the service user.

(3) Where a request is withdrawn in accordance with this regulation, a local authority may, subject to the maximum reasonable charge prescribed by regulation 5, impose the standard charge for the service that was the subject of the invitation to request a means assessment.

(4) In any case where a service user notifies a local authority of the withdrawal of his or her request for a means assessment, the local authority must–

(a)acknowledge receipt of the notification in writing and in any other format that is appropriate to the communication needs of the service user;

(b)advise the service user that the withdrawal of this request does not preclude him or her from the submission of a further request for a means assessment in respect of the same or a different service; and

(c)advise the service user whether the standard charge, or the maximum reasonable charge prescribed in regulation 5, will be imposed in respect of the service offered or being received by the service user.

(5) Where a charge is imposed upon a service user in accordance with paragraph (3) it will be imposed from the date that the local authority provides a statement in accordance with section 10(4) of the Measure.

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