The Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011

Procedure for determining a payment

6.—(1) When determining the amount of any payment that D pays, or may be required to pay, towards the cost of securing a service, a local authority must adopt the following procedure—

(a) calculate the amount of its reasonable cost of securing the provision of the service for which D is or will receive a direct payment;

(b) disregard from that total the amount of any charge or payment referred to in regulation 5(3) and (4);

(c) disregard the reasonable costs of securing the provision of transport to attend a day service, where the requirement to attend such a service is included in D’s needs assessment;

(d) apply the maximum reasonable amount to this resulting amount where the resulting amount would otherwise exceed it and this, subject to sub-paragraph (e), is the amount that the local authority may require D to pay;

(e) subject the amount calculated in accordance with sub-paragraph (d) to a determination of D’s ability to make a payment in accordance with regulation 17.

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

(a) D has requested a means assessment; and

(b) a means assessment has been undertaken by the local authority,

in accordance with these Regulations.