The Care and Support (Financial Assessment) (Wales) Regulations 2015

Duty to carry out a financial assessment

6.—(1) Where a local authority thinks—

(a) it would impose a charge under section 59 of the Act (power to impose a charge), were it to meet A’s needs for care and support;

(b) that if it were to make payments towards meeting the cost of A’s needs for care and support by making direct payments by virtue of section 50 or 52 of the Act(1), it would require A to pay by way of reimbursement(2) (in the case of a gross payment) or contribution (in the case of a net payment) towards the costs of securing the provision of that care and support,

it must carry out an assessment of A’s financial resources in accordance with these Regulations.

(2) The duty in paragraph (1) does not apply where A falls within any of the circumstances specified in regulation 7.

(1)

Section 53(3) of the Act (direct payments: further provision) provides that regulations made in accordance with sections 50, 51, or 52 of the Act may make provision in relation to direct payments which corresponds to the provision which is made, or may be made, under sections 59 to 67 or section 73 of the Act.

(2)

“Reimbursement”, “gross payment”, “contribution” and “net payment” are defined in section 53(2) of the Act.