Procedure for determining a payment
6.—(1) When determining the amount of any payment that D pays, or may be required to pay, towards the cost of securing a service, a local authority must adopt the following procedure—
(a)calculate the amount of its reasonable cost of securing the provision of the service for which D is or will receive a direct payment;
(b)disregard from that total the amount of any charge or payment referred to in regulation 5(3) and (4);
(c)disregard the reasonable costs of securing the provision of transport to attend a day service, where the requirement to attend such a service is included in D’s needs assessment;
(d)apply the maximum reasonable amount to this resulting amount where the resulting amount would otherwise exceed it and this, subject to sub-paragraph (e), is the amount that the local authority may require D to pay;
(e)subject the amount calculated in accordance with sub-paragraph (d) to a determination of D’s ability to make a payment in accordance with regulation 17.
(2) The step referred to in paragraph (1)(e) will only be applied where—
(a)D has requested a means assessment; and
(b)a means assessment has been undertaken by the local authority,
in accordance with these Regulations.