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The Care and Support (Review of Charging Decisions and Determinations) (Wales) Regulations 2015

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Acknowledgement of the Request

10.—(1) Subject to paragraph (2) a local authority must, within five working days of receipt of any request that is accepted as valid under regulation 9, send the requester and any representative a statement stating—

(a)the date on which the request was received;

(b)the nature of the request;

(c)if the requester has not already appointed a representative, that the requester may appoint a representative to assist them and act on their behalf during the whole or part of the review period;

(d)how the local authority will carry out the review;

(e)that the requester need not pay the charge, or the part of the charge which is the subject of the review, during the review period;

(f)if the requester decides not to pay the charge, or the part of the charge that is the subject of the review, during the review period, that the requester, or any representative must notify the local authority, either orally or in writing, of that decision;

(g)whether, in the event that the requester does not pay the charge during the review period, the local authority will seek to recover, after the review period, any amount that has accrued and not been paid during the review period;

(h)that if the requester has—

(i)requested a review of a determination made in accordance with regulations made under section 53(1) of the Act that the requester should pay a contribution towards direct payments, and

(ii)notified the local authority that they will not pay the contribution during the review period,

the local authority will make gross direct payments;

(i)what, if any, further information or documentation the local authority reasonably requires from the requester in order to carry out a review and the time limit for the provision of such information or documentation, which is specified in regulation 12;

(j)where the requester is a liable transferee—

(i)whether the local authority intends to request information or documentation from a person other than the requester in accordance with regulation 13; and

(ii)what information or documentation is required from that person;

(k)that an appropriate officer of the local authority would be available to carry out a home visit for the purpose of collecting the further information or documentation;

(l)the procedure for requesting a home visit;

(m)the identity and contact details of the appointed person who will be responsible for providing a response to any enquiries the requester may have about the review;

(n)the contact details of any organisation that might be able to assist the requester during the review period.

(2) Paragraph (1) does not apply where a local authority sends its decision on the review to the requester and any representative within 5 working days of receipt of the request.

(3) Where the statement under paragraph (1) includes a request for information and documentation under paragraph (1)(j), the local authority must send a statement to the person (“P”) from whom the information and documentation is requested stating—

(i)the nature of the request in so far as it relates to the transfer of an asset by P that meets the conditions in section 72(1) of the Act;

(ii)what information and documentation is required from P in order to carry out the review and the time limit for the provision of such information or documentation which is specified in regulation 12;

(iii)that an officer of the local authority would be available to carry out a home visit for the purpose of collecting the further information and documentation;

(iv)the procedure for requesting a home visit; and

(v)the identity and contact details of the appointed person.

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