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The Care and Support (Choice of Accommodation) (Wales) Regulations 2015

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The additional cost condition

4.—(1) The additional cost condition is met if—

(a)the local authority is satisfied that the payer is able and willing to pay the additional cost of the preferred accommodation for the period during which the local authority expects to meet the person’s needs by providing or arranging for the provision of that accommodation; and

(b)the payer enters into a written agreement with the local authority in which the payer agrees to pay the additional cost.

(2) The local authority must provide the payer with access to sufficient information and advice to enable the payer to understand the terms of the proposed written agreement before entering into it.

(3) The written agreement must include—

(a)the additional cost;

(b)the cost the local authority would usually expect to incur in providing or arranging the provision of care home accommodation to meet the needs of the person concerned;

(c)the frequency of payments;

(d)the details of the person to whom the payments are to be made;

(e)provision for review of the agreement;

(f)provisions about the matters specified in paragraph (4).

(4) The specified matters are—

(a)the consequences of ceasing to make payments;

(b)the effect of increases in charges made by the provider of the preferred accommodation; and

(c)the effect of changes in the payer’s financial circumstances.

(5) For the purposes of this regulation, “the payer” (“y talwr”) means—

(a)a person other than the person for whom the accommodation is to be provided; or

(b)in a case to which paragraph (6) applies, the person for whom the accommodation is to be provided.

(6) The local authority may not agree with the person for whom the accommodation is to be provided for that person to pay the additional cost unless—

(a)paragraph 2 of Schedule 2 to the Care and Support (Financial Assessment) (Wales) Regulations 2015(1) (capital to be disregarded in first 12 weeks) applies to that person; or

(b)the person and the local authority agree or have agreed to enter into a deferred payment agreement in accordance with section 68 of the Act.

(7) For the purposes of this regulation, the additional cost that is to be paid by the payer may be less than the full amount of the additional cost referred to in section 57(3) of the Act, if the local authority agrees that a lesser amount should be paid.

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