Regulation 16 Conditions for direct payment to suitable person

(1)

This regulation sets out the conditions mentioned in regulation 15(4)(b).

(2)

Condition A is that, where the suitable person referred to in regulation 15(3) (“S”) is not a surrogate of P but there is a surrogate of P, the direct payments are made with the consent of a surrogate of P.

(3)

Condition B is that the responsible authority has, so far as reasonably practicable and appropriate, consulted and taken into account the views of—

(a)

anyone named by P as someone to be consulted on the matter of whether a direct payment should be made to S for the purpose of securing provision for P of community care services or on matters of that kind,

(b)

anyone engaged in the provision of care for P or interested in P’s welfare, and

(c)

any surrogate or other representative of P.

(4)

Condition C is that the responsible authority has, so far as they are ascertainable, considered—

(a)

P’s past and present wishes and feelings (and, in particular, any relevant written statement made by P when P had capacity to request the making of direct payments),

(b)

the beliefs and values that would be likely to influence P’s decision in relation to direct payments if P had such capacity, and

(c)

the other factors that P would be likely to consider if P were able to do so.

(5)

Condition D is that the responsible authority has obtained an enhanced criminal record certificate issued under section 113B of the Police Act 1997^f1—

(a)

in respect of S where S is an individual and neither, in relation to P, a person mentioned in regulation 14(6) nor, as it appears to the responsible authority, a friend of P who is involved in the provision of care for P, or

(b)

where S is a body corporate or an unincorporated body of persons, in respect of the individual who will, on behalf of that body, have overall responsibility for the day-to-day management of P’s direct payments.

(6)

Condition E is that the responsible authority is satisfied that—

(a)

P’s need for the qualifying service can be met by securing the provision of it by means of a direct payment,

(b)

S appears to be capable of managing a direct payment alone or with such assistance as may be available to S,

(c)

S will act in the best interests, within the meaning of the Mental Capacity Act 2005, of P when securing the provision of services in respect of which the direct payment is made, and

(d)

in all the circumstances it is appropriate for a direct payment to be made to S.

Annotations

Footnotes

f1: 1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), section 163(2) and was amended by the following enactments: the Policing and Crime Act 2009 (c.26), sections 97(2) and 112(2) and Schedule 8, Part 8; the Safeguarding Vulnerable Groups Act 2006 (c.47), section 63(1) and Schedule 9, Part 2, paragraph 14(1) and (3); the Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), articles 2 and 4(1) to (4); the Armed Forces Act 2006 (c.52), section 378(1), Schedule 16, paragraph 149 and the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regulation 8. There are other amendments not relevant to these Regulations.