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The Social Care Charges (Review of Charging Decisions) (Wales) Regulations 2011

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Right to request a review

3.—(1) A requester may request a review of a decision to impose upon them or determine, in relation to a service received by the requester, a—

(a)charge;

(b)reimbursement; or

(c)contribution(1).

(2) A request may relate to (but is not limited to) the following circumstances—

(a)a local authority having not complied with any of the duties imposed upon it by the Measure or by regulations made under it;

(b)a local authority having not correctly applied its own charging policy in imposing a charge, or determining a reimbursement or contribution;

(c)an error having been made in the calculation of the charge, reimbursement or contribution;

(d)a charge having been imposed for a service that has not at any time been provided to the requester;

(e)the requester’s financial circumstances having changed since the charge, reimbursement or contribution was calculated;

(f)a requester considering that they do not have the financial means to pay the charge, reimbursement or contribution as to do so would cause them financial hardship.

(3) A request for a review must state which one or more of the circumstances listed in paragraph (2) or any other circumstances are the reason for the review being requested.

(4) A request may be made at any time after a local authority has issued a statement under—

(a)section 10(4) of the Measure; or

(b)regulation 19 of the Regulations.

(5) A request may be made to a local authority either orally or in writing.

(6) A local authority must appoint a person (an “appointed person”) who is a member of the staff of the local authority to deal with the review and reference to “appointed person” in these Regulations is to be construed accordingly.

(7) Regulations 4 to 11 will not apply where a local authority reasonably believes that there has been no relevant change in any of the circumstances listed in paragraph (2) that gave rise to a previous request for a review by or on behalf of the same person and the requester has not stated any other additional circumstances.

(8) Where paragraph (7) applies, the local authority must send a statement to the requester stating that the request for a review will not be considered by the authority because the authority reasonably believes that—

(a)there has been no relevant change in any of the circumstances listed in paragraph (2) that gave rise to a previous request for a review by or on behalf of the same person; and

(b)the requester has not stated any other additional circumstances.

(1)

“Reimbursement” and “contribution” are defined in section 12(5) of the Measure.

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