Regulation 9 Making of direct payments for an adult who no longer lacks capacity to request the making of direct paymentsI1

England and Wales

(1)

For the purpose of ascertaining whether section 32(1)(b) of the Act ceases to apply, an adult who no longer lacks capacity to request the making of direct payments may nonetheless be regarded by a local authority as lacking capacity to do so in the circumstances in paragraph (2).

(2)

The circumstances are that—

(a)

the authority is satisfied that the adult’s capacity to request the authority to meet the needs to which the adult’s personal budget^f1 relates by making a direct payment is temporary; and

(b)

the direct payments made during the period that the adult has the capacity to make such a request are made subject to an additional condition that the authorised person shall allow the adult to manage the direct payments themselves for any period in respect of which the authority is satisfied that the adult has the capacity to request the making of direct payments.

Regulation 9 Making of direct payments for an adult who no longer lacks capacity to request the making of direct paymentsI1

Annotations

Commencement

Footnotes