COMMENTARY ON SECTIONS Section 9 – Replacement by authority of determinations as to ability to pay
20.Subsection (1) provides that a local authority may replace a determination with a new determination if any of the conditions set out in subsection (4) has been met. Subsection (4)(d) gives the Welsh Ministers power to make regulations prescribing other conditions.
21.Subsection (2) provides that where a local authority is obliged to issue an invitation to request a means assessment it may not replace an existing determination until the requirements set out in section 4(3) have been met.
22.Subsection (3) ensures that the new determination may differ from the determination it replaces only to the extent considered appropriate having regard to the matters in subsection (4) (the conditions for making the new determination).