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

Effect of a determination of a service user’s ability to pay a charge

16.—(1) Where a local authority makes a determination in accordance with regulation 15 as to a service user’s ability to pay a charge for a service which—

(a)is being offered to a service user for the first time; or

(b)is being provided for a service user, but for which a charge is being imposed for the first time,

it may not impose a charge until the date that a statement is provided in accordance with section 10(4) of the Measure.

(2) Where a local authority makes a further determination as to a service user’s ability to pay a charge in accordance with regulation 7(2) it may not impose, or alter a charge until the date that a statement is provided in accordance with section 10(4) of the Measure.

(3) Where a statement referred to in paragraph (1) or (2) replaces a statement that has previously been provided in accordance with section 10(4) of the Measure (“the earlier statement”) (“y datganiad cynharach”), the earlier statement will continue to have effect until the date the subsequent statement is provided.