{
  "url": "https://openlegislation.uk/care-and-support-direct-payments-regulations-2014/regulation-7",
  "json_url": "https://openlegislation.uk/care-and-support-direct-payments-regulations-2014/regulation-7.json",
  "legislation": "uksi/2014/2871",
  "legislation_title": "The Care and Support (Direct Payments) Regulations 2014",
  "legislation_url": "https://openlegislation.uk/care-and-support-direct-payments-regulations-2014",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": "Review of direct payments",
  "text": "(1) A local authority must conduct a review for the purpose of ascertaining whether the making of direct payments is an appropriate way to meet the adult’s needs—\n(a) at least once within the first 6 months of the direct payment being made and at intervals not exceeding 12 months thereafter;\n(b) if it considers that there has been a breach of a condition and that it may exercise its discretion under section 33(5) of the Act (power to terminate payments or require repayment) in respect of that breach;\n(c) in the case of a direct payment made to meet the needs of an adult under section 31 of the Act, whenever the local authority considers that—\n(i) that adult no longer has the capacity to request it to meet any of those needs by the making of direct payments to the adult; or\n(ii) condition 3 (adult or nominated person is capable) or 4 (making direct payments to adult or nominated person is appropriate) of section 31 of the Act is no longer met;\n(d) in the case of a direct payment made to meet the needs of an adult under section 32 of the Act, whenever the local authority—\n(i) considers that the adult no longer lacks the capacity to request the local authority to meet any of those needs by the making of direct payments to the adult; or\n(ii) is notified by any person of concerns that the direct payment may not have been used to meet the needs for which the payment was made; or\n(iii) considers, or is notified by any person of concerns, that condition 3, 4 or 5 of section 32 of the Act is no longer met.\n(2) When complying with its duty in paragraph (1) the local authority must involve—\n(a) the adult;\n(b) any carer that the adult has;\n(c) the authorised person to whom the direct payment is being made (in the case of direct payments made under section 32 of the Act);\n(d) any person who is providing administrative or management support or services in accordance with regulation 3(2)(b); and\n(e) either—\n(i) any person whom the adult asks the authority to involve, or\n(ii) if the adult lacks the capacity to do that—\n(aa) the person who is authorised under the Mental Capacity Act 2005 to make decisions about the adult’s needs for care and support (if different to the person in paragraph (c)), or\n(bb) if there is no such person, any person who appears to the authority to be interested in the adult’s welfare.\n(3) The local authority must take all reasonable steps to reach agreement as to the outcome of the review with—\n(a) the adult concerned; or\n(b) if the adult lacks capacity to reach such agreement—\n(i) the person who is authorised under the Mental Capacity Act 2005 to make decisions about the adult’s needs for care and support, or\n(ii) where there is no such person, any person who appears to the authority to be interested in the adult’s welfare.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 7 in force at 1.4.2015, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 10(3) of the Act as to the meaning of “carer”."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2871/regulation/7",
    "retrieved_at": "2026-10-28T23:58:20.410964+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}