Section 12B Regulations about direct paymentsF1

as to circumstances in which, and descriptions of persons and services in respect of which, direct payments may or must be made;

as to circumstances in which direct payments may or must be made to a person nominated by the patient;

as to the making of direct payments (and, in particular, as to persons to whom payments may or must be made) where the patient lacks capacity to consent to the making of the payments;

as to conditions that the Secretary of State F2, F3NHS England, F4an integrated care board or a local authority must comply with before, after or at the time of making a direct payment;

as to conditions that the patient or (if different) the payee may or must be required to comply with before, after, or at the time when a direct payment is made;

as to the amount of any direct payment or how it is to be calculated;

as to circumstances in which the Secretary of State F5, NHS England, F6an integrated care board or a local authority may or must stop making direct payments;

as to circumstances in which the Secretary of State F7, NHS England, F8an integrated care board or a local authority may or must require all or part of a direct payment to be repaid, by the payee or otherwise;

as to monitoring of the making of direct payments, of their use by the payee, or of services which they are used to secure;

as to arrangements to be made by the Secretary of State F9, NHS England, F10an integrated care board or a local authority for providing patients, payees or their representatives with information, advice or other support in connection with direct payments;

for such support to be treated to any prescribed extent as a service in respect of which direct payments may be made.

for a service in respect of which a direct payment has been made under section 12A(1) to be regarded, only to such extent and subject to such conditions as may be prescribed, as provided or arranged for by the Secretary of State F14or a local authority or as arranged for by NHS England or F15an integrated care board (as the case may be) under an enactment mentioned in section 12A(2);

displacing functions or obligations of F16NHS England, F17an integrated care board or a local authority with respect to the arrangement for the provision of after-care services under section 117 of the Mental Health Act 1983, only to such extent and subject to such conditions as may be prescribed.

“service” includes anything in respect of which direct payments may be made;

references to a person lacking capacity are references to a person lacking capacity within the meaning of the Mental Capacity Act 2005.