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

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Provision of information or documentation by a person other than the requester

13.—(1) Where the requester is a liable transferee, the local authority may request information or documentation from the person (“P”) whose needs are being met under the Act and who transferred the asset to the requester, where such information is relevant to the issues to be considered in the review.

(2) Paragraphs (1) to (4) of regulation 12 apply to any request made by the local authority in accordance with paragraph (1) of this regulation save that the statement the local authority is required to send in accordance with paragraph (4) of regulation 12 must also be sent to P.

(3) In the event that the local authority does not receive the information or documentation from P or a request for an extension of time within the time specified in paragraph (1) of regulation 12, the local authority must send a statement to P, the requester and any representative—

(a)stating that P has failed to provide the information or documentation requested by the local authority;

(b)advising that the local authority will continue with the review and will make the decision on the information and documentation that is available to them; and

(c)advising that the failure by P to provide the further information and documentation may have an adverse impact upon the decision upon the review.

(4) If the information and documentation requested is provided after the time limit for providing it has expired, but before a decision upon the review is made, that information may be taken into account in the decision making process.

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