No duty to carry out a means assessment15

A local authority is under no duty to carry out an assessment of the means of D—

a

in respect of whom the following circumstances apply—

i

a determination made by the authority in accordance with regulation 17 has effect,

ii

D, who is the subject of the determination, requests that the authority carries out a means assessment in accordance with regulations 13 and 16,

iii

the request relates to a service to which the determination relates, and

iv

the authority reasonably considers that there has been no relevant change of circumstance since the determination was made; or

b

who has been assessed as needing, or who is receiving a service or combination of services for which the local authority applies a flat-rate charge; or

c

who fails to respond to an invitation to request a means assessment in accordance with regulation 8; or

d

who withdraws his or her request for a means assessment in accordance with regulation 12.