The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011

Amount and payment of direct payments under section 57(1A) of the 2001 Act

11.—(1) Subject to paragraph (5), a direct payment under section 57(1A) of the 2001 Act will be made to S as a gross payment unless the responsible authority decides it will be made as a net payment.

(2) Subject to paragraphs (3) and (6), for the purpose of making the payment referred to in paragraph (1), the responsible authority must determine, having regard to P’s means, what amount or amounts (if any) it is reasonably practicable for P to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of a contribution as mentioned in section 57(5) of that Act).

(3) Paragraphs (2), (5) and (6) do not apply to P where P is a person—

(a) who falls within the description prescribed by regulation 4; and

(b) for whom provision of a chargeable service is or will be secured,

but paragraph (4) applies in respect of such a person.

(4) For the purposes of making the payment referred to in paragraph (1), the responsible authority must determine what amount or amounts (if any) it is reasonably practicable for P to pay towards securing the provision of a chargeable service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of contribution as mentioned in section 57(5) of that Act) in accordance with the Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011.

(5) Where the relevant service is one which, apart from these Regulations, would be provided under section 117 of the 1983 Act (after-care)—

(a) the payment is to be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and

(b) subsection (4)(b) of that section does not apply.

(6) For the purpose of making the payment referred to in paragraph (1) in respect of the person securing the provision of residential accommodation, the responsible authority, in making the determination referred to in paragraph (2), may do so irrespective of P’s means.