# The Care and Support (Direct Payments) (Wales) Regulations 2015, Regulation 11: Reviews

Extent: E+W

(1) A local authority must review the arrangements for the making of direct payments and the use which is being made of them—
(a) at intervals which the local authority determines appropriate at the point of starting to make direct payments to A, having regard to the circumstances in A’s case;
(b) when A or P call for a review;
(c) when the local authority calls for a review either because—
(i) it is concerned that the use being made of the direct payments is not meeting the needs of A;
(ii) it is concerned that a condition attached to the making of the payments is not being complied with; or
(iii) there is a significant change in A or P’s circumstances; and
(d) in any event, at intervals not greater than—
(i) 6 months after the first payment is made; and
(ii) 12 months following the first review.
(2) Where A, P or the local authority call for a review under paragraph (1)(b) or (c), the period before the next review is due will be extended accordingly.
(3) When carrying out a review the local authority must involve—
(a) A;
(b) P (where payments are made to P);
(c) any carer of A;
(d) (i) any person whom A asks the local authority to involve;
(ii) if A is an adult who lacks the capacity to decide who to involve, any person authorised under the Mental Capacity Act 2005 to make decisions about A’s needs for care and support;
(iii) if A is a child aged 16 or 17 who does not have capacity to decide who to involve—
(aa) any person authorised to make decisions about A’s needs for care and support under the Mental Capacity Act 2005; or
(bb) a person with parental responsibility for A;
(iv) if A is a child below the age of 16, A’s parent or other person in a parental role; and
(e) any other person who the local authority considers to have sufficient involvement in the care or support arrangements for A.
(4) The requirement to involve a parent or other person in a parental role in a review under paragraph (3)(d)(iv) does not apply where, in the view of the local authority, involving that person would not be consistent with the child’s well-being.
(5) In this regulation “person in a parental role” (“person mewn rôl rhiant”) includes a parent, a person with parental responsibility or other person who is looking after the child.

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Source: https://www.legislation.gov.uk/wsi/2015/1815/regulation/11 (the official version)
Page: https://openlegislation.uk/care-and-support-direct-payments-wales-regulations-2015/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.