Explanatory note

These Regulations amend the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009 (“the principal Regulations”).

The principal Regulations make provision for the making of direct payments in respect of a person securing the provision of certain social care services.

Regulations 9 and 10 of the principal Regulations make provision as to the amount and payment of direct payments to persons who have the capacity to consent and to persons lacking capacity respectively. Direct payments must be made either gross or net of such amount determined by the authority making the direct payment (“the authority”) as being due (“the amount due”) by the person in respect of the service (“the prescribed person”). In determining the amount due the authority must have regard to the means of the prescribed person.

Regulation 2 amends regulation 9 of the principal Regulations to remove the requirement on the authority, in determining the amount due, to have regard to the means of the prescribed person, where the direct payment is made in respect of the prescribed person securing the provision of residential accommodation and the prescribed person is an adult.

Regulation 3 makes a similar amendment to regulation 10 of the principal Regulations.

A full Impact Assessment has not been prepared for these Regulations as no impact on business, charities or voluntary bodies is foreseen.