Search Legislation

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

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Determination as to a service user’s ability to pay a charge

15.—(1) Where a local authority makes a determination as to a service user’s ability to pay a charge in accordance with section 7 (determinations as to ability to pay) or section 9 of the Measure (replacement by authority of determinations as to ability to pay ) it must give effect to the requirements of this regulation.

(2) A local authority must ensure when determining the charge to be imposed for a service offered to or being received by a service user, that it does not reduce the service user’s net income—

(a)where the service user is in receipt of a relevant benefit, to an amount below the total of—

(i)the basic entitlement to the relevant benefit that is being received by that person, and

(ii)an amount of not less than 35% of that entitlement (“a buffer”) (“clustog”), and

(iii)an amount to compensate the service user for disability-related expenditure of not less than 10% of the amount referred to in paragraph (i); or

(b)where the service user is not in receipt of a relevant benefit, to an amount below the total of—

(i)the amount the local authority reasonably assesses, having regard to the person’s age, circumstances and level of disability, would be equal to the service user’s basic entitlement to a relevant benefit, and

(ii)a buffer of not less than 35% of the amount estimated in paragraph (i), and

(iii)an amount to compensate the service user for disability-related expenditure of not less than 10% of the amount referred to in paragraph (i).

(3) Nothing in this regulation affects the discretion of a local authority to increase the percentage of the buffer or the amount to compensate for any disability-related expenditure when making a determination in accordance with paragraph (1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources