The Social Care Charges (Review of Charging Decisions) (Wales) Regulations 2011

Decision

9.—(1) As soon as possible, and in any event within 10 working days of receiving sufficient information and documentation to carry out the review, the local authority must—

(a) make a decision on the review and the action that is necessary to implement it;

(b) send a statement to the requester and any representative stating—

(i) the decision;

(ii) the reasons for that decision;

(iii) that the requester has a right to make a complaint under the Social Services Complaints Procedure (Wales) Regulations 2005(1) if they are dissatisfied with the decision;

(c) if the requester’s charge has been amended as a result of the review, provide the requester with a statement containing the information set out in section 10(4) of the Measure; and

(d) if the requester’s reimbursement or contribution has been amended as a result of the review, provide the requester with a statement containing the information set out in regulation 19(2) of the Regulations.

(2) If the local authority concludes that it is unable to meet the deadline specified in paragraph (1), it must as soon as possible and in any event within the period specified in paragraph (1) provide the requester with a statement stating—

(a) that it will not be able to provide a decision within the deadline specified in paragraph (1);

(b) the reasons for not being able to comply with that deadline;

(c) the date by which it will provide a decision; and

(d) that the requester may elect not to pay the charge, reimbursement or contribution for the remainder of the review period by notifying the local authority either orally or in writing.

(3) Before making a decision under paragraph (1)(a), the local authority must consider—

(a) the details of the request;

(b) the local authority’s current charging policy;

(c) the Measure;

(d) the Regulations;

(e) the Social Care Charges (Means Assessments and Determination of Charges) (Wales) Regulations 2011;

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

(g) any guidance published by the Welsh Ministers under section 7 of the Local Authority Social Services Act 1970(2);

(h) the requester’s income and expenses; and

(i) any circumstances both current and foreseeable that may affect the requester’s ability to pay the charge.

(4) A statement will be deemed to have been provided under paragraph (1) on the date it is issued by the local authority.

(1)

S.I. 2005/3366 (W 263).

(2)

1970 c. 42.