# The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010, 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—
(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.

---
Source: https://www.legislation.gov.uk/ukdsi/2010/9780111502310/regulation/16 (the official version)
Page: https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.