COMMENTARY ON SECTIONS Section 5 – Duty to carry out a means assessment
11.Subsection (1) imposes a duty on local authorities to carry out an assessment of the means of a service user or prospective service user where the conditions set out in section 6 are met. Subsection (2) disapplies this duty in such cases as may be specified in regulations made under that subsection.  Subsection (5) disapplies the duty in the circumstances set out in subsection (5), unless regulations made under that subsection make provision to the contrary.
12.Subsections (3) and (4) enable the Welsh Ministers to make regulations as to how means assessments must be carried out.