The Social Care Charges (Means Assessment and Determination of Charges) (Wales) Regulations 2011

Transitory provision

20.—(1) Where an assessment has effect in accordance with regulation 18 a local authority—

(a) must apply the provisions of regulations 4, 5, 6 and 14 to such an assessment, notwithstanding that it was not undertaken in accordance with these Regulations, save that regulation 6(2) does not have effect,

(b) is not required to act in accordance with section 4 of the Measure or regulation 7, save that regulation 7(2) has effect,

(c) must carry out an assessment of a service user’s means in accordance with section 5 of the Measure where each of the conditions in section 6 of the Measure are met and the service user has requested such an assessment, and

(d) must make a determination as to a service user’s ability to pay a charge, in accordance with regulation 15, as though the assessment of the service user’s means had been undertaken in accordance with section 7 or 9 of the Measure.

(2) Regulation 16(3) has effect in respect of any determination made in accordance with paragraph (1)(d) as though the earlier statement referred to in that regulation is a determination which has effect in accordance with regulation 18.