{
  "url": "https://openlegislation.uk/community-care-direct-payments-regulations-1997/regulation-2",
  "json_url": "https://openlegislation.uk/community-care-direct-payments-regulations-1997/regulation-2.json",
  "legislation": "uksi/1997/734",
  "legislation_title": "The Community Care (Direct Payments) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/community-care-direct-payments-regulations-1997",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Persons to whom direct payments may be made",
  "text": "(1) Subject to paragraph (2), a person—\n(a) to whom section 29 of the National Assistance Act 1948 applies, and\n(b) who appears to the authority to be capable of managing a direct payment by himself or with assistance,\nis specified for the purposes of section 1(1)(b) of the Act.\n(2) Paragraph (1) does not apply to a person—\n(a) aged 65 or over unless a payment was made to him under section 1 of the Act in the period of twelve months which ended on the day before his sixty-fifth birthday;\n(b) who is required to submit to treatment for his mental condition or for his drug or alcohol dependency by virtue of a requirement of—\n(i) a probation order within the meaning of section 2 of the Powers of Criminal Courts Act 1973; or\n(ii) a combination order within the meaning of section 11 of the Criminal Justice Act 1991;\n(c) who is released on licence under section 37 of the Criminal Justice Act 1991 subject to a condition that he submit to treatment for his mental condition or for his drug or alcohol dependency;\n(d) who is placed under guardianship in pursuance of—\n(i) an application made in accordance with section 7 of the 1983 Act; or\n(ii) an order made under section 37 of that Act;\n(e) who is absent from hospital with leave given in accordance with section 17 of the 1983 Act;\n(f) who is subject to after-care under supervision (which expression shall be construed in accordance with section 25A of the 1983 Act);\n(g) in respect of whom there is in force a condition imposed in accordance with section 42(2) or 73(4) (including such a condition which has been varied in accordance with section 73(5) or 75 (3)) of the 1983 Act;\n(h) in respect of whom there is in force a supervision and treatment order within the meaning given by Part I of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991;\n(i) who is a patient subject to after-care under a community care order under section 35A of the 1984 Act;\n(j) who is a patient who is absent from hospital on leave under section 27 of the 1984 Act;\n(k) who is a patient subject to guardianship under section 37 of the 1984 Act;\n(l) who is a restricted patient within the meaning of section 63(1) of the 1984 Act who has been given a conditional discharge under section 64 or 68 of that Act; or\n(m) who is subject to an order of a court under sections 57(2)(a), (b), (c) or (d) or 58, or 58 and 59 of the Criminal Procedure (Scotland) Act 1995 or who is required to submit to treatment for his mental condition or for his drug and alcohol dependency by virtue of a requirement of a probation order in terms of sections 228 to 230 of that Act; or\n(n) who is released on licence under section 22 or 26 of the Prisons (Scotland) Act 1989 or under section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and is subject to a condition that he submits to treatment for his mental condition or for his drug or alcohol dependency.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1948 c. 29; section 29 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(2); the Mental Health (Scotland) Act 1960 (c. 61), sections 113(1) and 114 and Schedule 4; the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9 Part I; the Local Government Act 1972 (c. 70), sections 195(6), 272(1), Schedule 23 paragraph 2 and Schedule 30; the Employment and Training Act 1973 (c. 50), section 14(1) and Schedule 3 paragraph 3; the National Health Service Act 1977 (c. 49), section 129 and Schedule 15 paragraph 6; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 30 and Schedule 10 Part I; the Children Act 1989 (c. 41), section 108(5) and Schedule 13 paragraph 11(2); and the National Health Service and Community Care Act 1990 (c. 19), section 44(7)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1973 c. 62; section 2 was substituted by section 8(1) of the Criminal Justice Act 1991 (c. 53); section 3 and Schedule 1A (additional requirements which may be included in probation orders) was substituted by section 9 of, and Schedule 1, Part II to, that Act."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1991 c. 53."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 25A was inserted by section 1(1) of the Mental Health (Patients in the Community) Act 1995 (c. 52)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1991 c. 25."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 35A was inserted by section 4 of the Mental Health (Patients in the Community) Act 1995 (c. 52)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1995 c. 46."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1989 c. 45."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "1993 c. 9."
    }
  ],
  "outstanding_effects": [
    {
      "type": "am (W)",
      "affecting": "wsi/2001/2186",
      "affecting_title": "The Carers (Services) and Direct Payments (Amendment) (Wales) Regulations 2001"
    },
    {
      "type": "am (E)",
      "affecting": "uksi/2001/441",
      "affecting_title": "The Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001"
    },
    {
      "type": "rev. in pt.",
      "affecting": "wsi/2000/1868",
      "affecting_title": "The Community Care (Direct Payments) Amendment (Wales) Regulations 2000"
    },
    {
      "type": "rev. in pt.",
      "affecting": "uksi/2000/11",
      "affecting_title": "The Community Care (Direct Payments) Amendment Regulations 2000"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/734/regulation/2",
    "retrieved_at": "2026-10-29T12:21:44.185357+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."
}