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

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Procedure for determining a charge

6.—(1) When calculating the amount that a service user pays or may be required to pay for the service received by or offered to that service user, a local authority must adopt the following procedure—

(a)calculate the amount of its reasonable costs for the service received by or offered to the service user;

(b)disregard from that total the amount of any charges for a service referred to in regulation 5(4);

(c)apply the maximum reasonable charge to this resulting amount where the resulting amount would otherwise exceed it and this, subject to sub-paragraph (d), is the amount of the charge that the service user may be required to pay;

(d)subject the amount calculated in accordance with sub-paragraph (c) to a determination of the service user’s ability to pay a charge in accordance with section 7 of the Measure and regulation 15.

(2) The step referred to in paragraph (1)(d) will only be applied where—

(a)the service user has requested, and

(b)the local authority has undertaken,

an assessment of the service user’s means in accordance with section 5(1) of the Measure and regulation 14.

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