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

Maximum periods of residential accommodation which may be secured by means of a direct payment

14.—(1) Subject to paragraphs (2) and (4), a direct payment may not be made in respect of a prescribed person who falls within regulation 3 or 4 for the provision to that person of residential accommodation for a period in excess of 4 weeks in any period of 12 months.

(2) In calculating the period of 4 weeks mentioned in paragraph (1), in any 12 month period—

(a) an initial period in residential accommodation of less than 4 weeks (period A) will only be added to a succeeding period (period B) where period B begins within 4 weeks of the end of period A; and

(b) any period in residential accommodation subsequent to period B will be included in the calculation.

(3) A direct payment may not be made in respect of a prescribed person who falls within regulation 5 for the provision of residential accommodation—

(a) for any single period in excess of 4 weeks; and

(b) for any period in excess of 120 days in any period of 12 months.

(4) A direct payment may not be made for the provision of residential accommodation where a person—

(a) falls within the description of a person prescribed by regulation 3 or 4; and

(b) that person is or will be receiving a direct payment, or a direct payment is being or will be made in respect of that person, for the purposes of securing the provision of a chargeable service.