PART 5

CHARGING AND FINANCIAL ASSESSMENT

Charging for meeting needs

Determination as to a person's ability to pay a charge
66
1
Where a local authority has carried out a financial assessment—
a
the authority must determine, in light of the assessment, whether it would be reasonably practicable for the assessed person to pay the standard charge for the care and support or (in the case of carers) the support in respect of which a charge would be imposed on that person, and
b
if the authority determines that it would not be reasonably practicable for the assessed person to pay the standard charge, the authority must determine the amount (if any) that it would be reasonably practicable for that person to pay for that care and support or that support.
2
In this section “the assessed person” means the person whose financial resources have been assessed under section 63.
3
Regulations must make provision about the making of determinations under subsection (1).
4
The regulations must require a local authority to determine, in a case where the assessed person's financial resources (whether income, capital, or a combination of both) exceed a specified level, that it would be reasonably practicable for that person to pay the standard charge.
5
The level specified for the purposes of subsection (4) is referred to in this Act as “the financial limit”.
6
The regulations may require a local authority to determine that it would not be reasonably practicable for the assessed person to pay any amount for the care and support or (in the case of carers) the support that would reduce the person's income or capital below specified levels; and the regulations may, (in reliance on section 196(2)) specify different levels—
a
for income and for capital,
b
for different circumstances, and
c
for different descriptions of persons.
7
The regulations may also (among other things) make provision about cases or circumstances in which a local authority must or may replace a determination with a new determination.
8
A determination under subsection (1) has effect from a date that the local authority considers reasonable (which may be a date before that on which the determination was made); but this is subject to any provision made in regulations under subsection (9).
9
Regulations may make provision as to the date from which a determination under subsection (1) is to have effect (and may include provision for a determination to have effect from a date before that on which it was made).
10
Where a determination replaces an existing determination, the existing determination continues to have effect until the new determination has effect.
11
For the purposes of subsection (10), a determination replaces an existing determination if it relates to the same person and the same care and support or (in the case of carers) support.
S. 66 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)