PART 2Assessment of financial resources

Information to be provided by local authority3.

Before a local authority carries out a financial assessment in accordance with these Regulations it must give A the following—

(a)

details of care and support to meet A’s needs which are offered or being provided for A and in respect of which it thinks it would impose a charge under section 59 of the Act;

(b)

details of the care and support that A has been assessed as requiring and for which direct payments18 are being considered or made in accordance with section 50 or 52 of the Act;

(c)

where paragraph (a) applies, details of its charging policy for the provision of care and support, including—

(i)

which elements, if any, are subject to a charge,

(ii)

the standard charge19 which may be imposed in relation to any of them,

(iii)

any care and support, assistance or service for which a flat-rate charge is imposed,

(iv)

the maximum weekly charge20 that may be imposed or the maximum weekly charge that the local authority applies, where that charge is lower;

(d)

where paragraph (b) applies, details of its direct payments policy, which must include the following—

(i)

details of the care and support, if any, for which direct payments may be, or are being provided, in respect of which A may be required to pay towards the cost of securing,

(ii)

details of the standard amount which A may be required to pay towards the cost of securing such care and support,

(iii)

any care and support, assistance or service for which a flat-rate charge is imposed,

(iv)

the amount of the maximum weekly contribution or reimbursement21 that may be imposed or the amount of the maximum weekly contribution or reimbursement that the local authority applies, where that amount is lower;

(e)

details of its financial assessment process;

(f)

details of the information and any documents that A is required to provide to the local authority for the purposes of the financial assessment, and the time limit, and format for providing them;

(g)

information about the consequences of failing to provide the information and documents within the time limit and in an appropriate format;

(h)

information about the consequences of not providing the information or documents required for the purposes of the assessment or of refusing to allow the local authority to carry out a financial assessment;

(i)

information about the statement of determination of A’s ability to pay a charge for, or to pay towards the cost of securing, A’s care and support that the local authority will provide following the completion of the financial assessment process22;

(j)

details of the capital limit specified in regulation 11 or regulation 26 of the Charging Regulations and information about the consequences of23 A being assessed as having capital in excess of that limit;

(k)

details of any home visiting facility that the local authority provides within its area;

(l)

the names of an individual or individuals within the authority who may be contacted if A requires additional information or assistance in respect of the financial assessment process; and

(m)

information about A’s right to appoint a third party to assist, or to act on A’s behalf, in respect of all or part of the financial assessment process and the contact details of any organisation in its area which provides this type of support or assistance.