11BPayment not required in certain circumstances

#### 11B Payment not required in certain circumstances 11B Payment not required in certain circumstances > > (1) The Authority is not required to make a payment in relation to the following— > > > > > (a) any treatment, care, support or service provided to a participant in the Scheme on a gratuitous basis (that is, anything provided to a participant for which the participant has not paid and is not liable to pay), > > > > > (b) any treatment, care, support or service that is required to be provided by an approved provider but is provided by a person who is not, at the time of the provision, an approved provider. > > > (2) However, the Authority may elect to make a payment in relation to any treatment, care, support or service referred to in subsection (1) if the Authority is of the opinion that special circumstances exist that justify such payment. > > > (3) The LTCS Guidelines may make provision for or with respect to determining whether special circumstances exist that justify payment in relation to any treatment, care, support or service referred to in subsection (1). > > > (4) To avoid doubt, this section applies even if the treatment, care, support or services concerned are provided in connection with the provision of the assessed treatment and care needs of a participant in the Scheme. > > > (5) This section has effect despite section 11A. > > **s 11B:** Ins 2012 No 48, Sch 1 \[6\].