|Made||16th March 2004|
|Coming into operation||19th April 2004|
Duty to make direct payments
2. - (1) If the conditions in paragraph (3) are satisfied, an authority must make in the case of a prescribed person who falls within section 8(2) of the Act, or Article 18C of the Children Order, with that persons consent, such payments to him (direct payments) as the authority may determine in accordance with regulation 5 in respect of his securing the provision of a relevant service.
(2) In this regulation a relevant service means -
(3) The conditions referred to in paragraph (1) are that -
- (1) For the purposes of section 8(1) of the Act a person is of a prescribed description if -
(2) This paragraph applies to a person if -
(b) he is received into guardianship in pursuance of a guardianship application made in accordance with Article 18 of the 1986 Order or placed under guardianship in pursuance of an order made under Article 44 of that Order;
(c) he is absent from hospital with leave given in accordance with Article 15 of the 1986 Order;
(d) in respect of whom there is in operation a condition imposed in accordance with Article 48(2) or 78(4) (including such a condition which has been varied in accordance with Article 78(5) or 80(3)) of the 1986 Order;
(e) in respect of whom there is in operation a supervision and treatment order within the meaning given by Part I of Schedule 2A to the 1986 Order.
For the purposes of Article 18C(1) of the Children Order a person is of a prescribed description if -
Amount of direct payments
5. - (1) Subject to paragraph (2) a direct payment shall be made as a gross payment unless the authority decides it shall be made as a net payment.
(2) For the purpose of making the payment referred to in paragraph (1), the authority shall determine, having regard to the prescribed person's means, what amount (if any) it is reasonably practical for him to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 8 (4) of the Act or by way of contribution as mentioned in section 8(5) of the Act).
6. Where a direct payment is made to a person falling within Article 18C(7) of the Children Order -
Conditions in respect of direct payments
7. - (1) A direct payment shall be subject to the condition that the service in respect of which it is made shall not be secured from a person specified in paragraph (2) unless -
(2) The persons specified for the purposes of paragraph (1) are -
(d) the spouse of any person specified in sub-paragraph (c) who lives in the same household as the prescribed person;
(e) a person who lives with any person specified in sub-paragraph (c) as if that person's spouse.
(3) Paragraph 2 (c)(ii) and (iii) do not apply in the case of a person mentioned in Article 19C(2)(c) of the Children Order.
(4) An authority may make a direct payment subject to the following conditions:
Maximum period of residential accommodation which may be secured by means of a direct payment
8. - (1) Subject to paragraph (2), a direct payment may not be used by a person who falls within regulation 3 or 4 for the purchase of residential accommodation for a period in excess of 4 weeks in any period of 12 months.
(2) The period of 12 months mentioned in paragraph (1) commences on the first day of residential accommodation purchased by use of all or part of any direct payment received.
Displaced functions and obligations of the authority
9. - (1) Except as provided by paragraph (2), the fact that an authority makes a direct payment shall not affect its functions with respect to the provision under the relevant statutory provision of the service to which the payment relates.
(2) Where an authority makes a direct payment, it shall not be under any obligation with respect to the provision under the relevant statutory provision of the service to which the payment relates as long as it is satisfied that the need which calls for the provision of the service will be secured by the payee's own arrangements.
(3) In paragraphs (1) and (2), references to the relevant statutory provision, in relation to the provision of a service, are to the statutory provision under which the service would fall to be provided apart from these Regulations.
Repayment of direct payments
10. - (1) Where an authority which has made a direct payment is satisfied, in relation to the whole or any part of the payment -
it may require the payment or, as the case may be, the part of the payment to be repaid.
(2) Any sum falling to be repaid by virtue of paragraph (1) shall be recoverable as a debt due to the authority.
Termination of direct payments
11. - (1) Subject to paragraph (3), an authority shall terminate the making of direct payments to a person if -
(2) An authority may terminate the making of direct payments to a prescribed person if any condition mentioned in regulation 6 ceases to be met.
(3) Notwithstanding that the person in respect of whom direct payments are made ceases to be capable of managing such payments an authority may continue to make such payments if -
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
16th March 2004.
Senior Officer of the Department of Health, Social Services and Public Safety