{
  "url": "https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010/regulation-15",
  "json_url": "https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010/regulation-15.json",
  "legislation": "ukdsi/2010/9780111502310",
  "legislation_title": "The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010",
  "path": "regulation/15",
  "kind": "regulation",
  "number": "15",
  "heading": "Direct payments in case of person lacking capacity to request them",
  "text": "(1) Where P falls within paragraph (2) or is believed by the responsible authority to fall within that paragraph, this regulation applies instead of regulation 14.\n(2) P falls within this paragraph if P lacks capacity to consent to the making of direct payments under regulation 14.\n(3) Where P’s support plan has been approved by P or in accordance with regulation 9(3), the responsible authority must consider whether the conditions in regulation 16 could be met in relation to the making of payments (“direct payments”) to a suitable person (“S”) other than P in respect of S’s securing the provision for P of services that secure one or more of those outcomes.\n(4) The responsible authority may make direct payments to S if –\n(a) S so requests;\n(b) the conditions in regulation 16 are met; and\n(c) P is not a person excluded by Schedule 1.\n(5) If direct payments are to be made to S under this regulation —\n(a) P’s support plan must set out the level of such payments and include a statement by S confirming that S is aware of the obligation to repay any payment in the circumstances set out in regulation 18(1)(a) to (c), and\n(b) S and, where S is not a surrogate of P but there is a surrogate of P, that surrogate, must sign the support plan as amended in accordance with sub- paragraph (a).\n(6) A direct payment under this regulation is to be subject to the condition that the service in respect of which it is made must not be secured from a person mentioned in regulation 14(6) unless the responsible authority is satisfied that securing the service from such a person is necessary to meet satisfactorily P’s need for that service.\n(7) The responsible authority may make a direct payment subject to such other conditions as it thinks fit.\n(8) The conditions referred to in paragraph (7) may, in particular, require that S—\n(a) must not secure the service from a particular person; and\n(b) must provide such information to the responsible authority as the authority considers necessary in connection with the direct payment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111502310/regulation/15",
    "retrieved_at": "2026-10-30T14:54:47.738160+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."
}