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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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Maximum reasonable amount of a reimbursement or contribution payable

5.—(1) Subject to paragraphs (3) and (4), the maximum amount that a local authority may determine to be a reasonable amount for D to pay towards the cost of securing the provision of a service (“maximum reasonable amount”) (“uchafswm rhesymol”) is £50 per week.

(2) Subject to paragraphs (3) and (4), where D has assessed needs which are met by way of dual provision £50 per week is the maximum of the aggregate of the amounts that a local authority may require D to pay in respect of that provision by way of—

(a)a charge, and

(b)a payment.

(3) When calculating the maximum reasonable amount that D may be required to pay, a local authority—

(a)must disregard the cost of securing any service for which it imposes a flat-rate charge, and

(b)may impose the charges in respect of such a service in addition to the maximum reasonable amount.

(4) Where D receives a direct payment to enable the purchase of equipment, which would otherwise be provided by a local authority, the local authority—

(a)must disregard the cost of the purchase of the equipment when calculating the maximum reasonable amount that D may be may required to pay, and

(b)may require D to pay an amount in excess of and in addition to the maximum reasonable amount towards the cost of securing the equipment.

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