The Care and Support (Charging) (Wales) Regulations 2015

Minimum income amount for a person being provided with non-residential care and support

12.—(1) This regulation applies where a local authority is meeting, or is proposing to meet A’s needs for care and support other than by provision of accommodation in a care home.

(2) A local authority must determine that it would not be reasonably practicable for A to pay any sum whose payment would reduce A’s net weekly income below the minimum income amount set out in this regulation.

(3) Where A is in receipt of a relevant benefit, the minimum income amount is—

(a) the basic weekly entitlement to the relevant benefit that is being received by A (“the basic entitlement”);

(b) an amount of not less that 35% of that entitlement (“the buffer”);

(c) a further amount to compensate A for disability-related expenditure of not less than 10% of the basic entitlement; and

(d) a weekly amount equivalent to any flat-rate charges being paid or to be paid by A whether for services provided under Part 4 of the Act, for services provided under section 15 or assistance provided under section 17 of the Act.

(4) Where A is not in receipt of a relevant benefit, the minimum income amount is—

(a) the weekly amount which the local authority reasonably assesses would be A’s basic entitlement to benefits, having regard to A’s age, circumstances and level of disability (“the estimated basic entitlement”);

(b) an amount of not less than 35% of the estimated basic entitlement (“the buffer”);

(c) an amount to compensate A for disability-related expenditure of not less than 10% of the estimated basic entitlement; and

(d) a weekly amount equivalent to any flat-rate charges being paid or to be paid by A whether for services provided under Part 4 of the Act, for services provided under section 15 or assistance provided under section 17 of the Act.

(5) Nothing in this regulation affects the discretion of a local authority to increase the percentage of the buffer or the amount to compensate for any disability-related expenditure when calculating the minimum income amount.