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The Social Care Charges (Direct Payments) (Means Assessment and Determination of Reimbursement or Contribution) (Wales) Regulations 2011

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Transitory provision

23.—(1) Where an assessment has effect in accordance with regulation 21, a local authority—

(a)must apply the provisions of regulations 4, 5, 6 and 16 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 regulation 7 save that regulation 7(2) has effect,

(c)must carry out an assessment of D’s means in accordance with regulations 13 and 16 where each of the conditions in regulation 14 are met and D has requested such an assessment, and

(d)must make a determination as to the amount that D is able to pay towards the cost of securing the provision of a service, in accordance with regulation 17, as though the assessment of D’s means had been undertaken in accordance with regulations 13 and 16.

(2) Regulation 18(4) 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 21.

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