# The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2011, Paragraph 18: Repayment and recovery of direct payments


(1) Subject to sub-paragraph (2), the local authority may require that all or part of any direct payments must be repaid if it is satisfied that it is appropriate having regard in particular to whether—
(a) there has been any change in the qualifying goods and services following a review of the statement of the beneficiary’s special educational needs maintained under section 324 of the 1996 Act, of the educational and training needs identified in the beneficiary’s learning difficulty assessment conducted under section 139A of the 2000 Act or of the arrangements under section 508B, 508F or 509AA of the 1996 Act that apply in relation to the beneficiary;
(b) the circumstances of the beneficiary have changed in a way that has an impact on the agreed provision;
(c) all or part of the direct payments have not been used to secure the agreed provision;
(d) the direct payments have been used otherwise than to secure the agreed provision;
(e) an offence has been committed in connection with the direct payments; or
(f) the beneficiary has died.
(2) The local authority may only seek repayment of any portion of the direct payments that has not already been spent on agreed provision.
(3) Where the local authority requires a sum to be repaid, it must give notice in writing to the person receiving the direct payments, stating—
(a) the reasons;
(b) the amount to be repaid; and
(c) the time within which the sum must be repaid.
(4) On receipt of a notice under sub-paragraph (3), a person receiving the direct payments may request the local authority to reconsider its decision.
(5) The local authority must give written notice to the person receiving the direct payment of the decision on any reconsideration, giving reasons and setting out the amount to be repaid, if any, and the time within which any sum must be repaid.
(6) The local authority need not undertake more than one reconsideration of a decision under sub-paragraph (1).
(7) The local authority may waive any requirement pursuant to a decision under sub-paragraph (1) or (5) for all or part of any direct payments to be repaid.
(8) Where the local authority requires a sum to be repaid pursuant to this paragraph, that sum may be recovered as a debt due to the local authority.

---
Source: https://www.legislation.gov.uk/ukdsi/2011/9780111517741/schedule/1/paragraph/18 (the official version)
Page: https://openlegislation.uk/draft-special-educational-needs-direct-payments-pilot-scheme-order-2011/schedule-1/paragraph-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.