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PART 2CHARGING UNDER PART 5 OF THE ACT

Procedure for determining a charge in relation to person for whom the local authority provides or arranges non-residential care and support

8.—(1) This regulation applies in relation to the charges for provision of care and support which does not consist of provision of accommodation in a care home.

(2) When calculating the amount that A may be required to pay a local authority must adopt the procedure set out in paragraph (3).

(3) A local authority must—

(a)calculate the amount of the standard charge for the care and support provided or to be provided to the person;

(b)disregard from that total the amount of any charges which are flat-rate charges;

(c)apply the maximum weekly charge for non-residential care and support where the resulting amount would otherwise exceed it;

(d)subject the amount calculated in accordance with this regulation to a determination of what it would be reasonably practicable for the person to pay in accordance with regulations 11 (capital limit) and 12 (minimum income amount for a person being provided with non-residential care and support).