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

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Maximum reasonable charge for a service

5.—(1) A local authority must exercise the power in section 1(2) of the Measure (to determine a reasonable charge for the provision of a service) in accordance with the provisions of this regulation.

(2) Subject to paragraphs (3) and (4), the maximum amount that a local authority may determine to be a reasonable charge for the provision of a service or combination of services to a service user (“maximum reasonable charge”) (“uchafswm ffi rhesymol”) is £50 per week.

(3) Subject to paragraph (4), where a service user has assessed needs which are met by way of dual provision £50 per week is the maximum of the aggregate of the amounts that a local authority may require the service user to pay in respect of that provision by way of–

(a)a charge, and

(b)a payment towards the cost of securing the provision of the service calculated in accordance with the Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011.

(4) When calculating the maximum reasonable charge that a service user may be liable to pay, a local authority—

(a)must disregard the charge for any service for which it imposes a flat-rate charge, and

(b)may impose the charges in respect of such a service in addition to the maximum reasonable charge.

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