Regulation 3 Persons to whom a direct payment may be madeI1

England and Wales

(1)

A direct payment may be made to a person who—

(a)

is a person for whose benefit anything may or must be provided or arranged by a health body—

(i)

under the 2006 Act, or

(ii)

in the case of F1an integrated care board or F2NHS England, under any other enactment; and

(b)

consents to the making of a direct payment to them.

(2)

In determining whether a direct payment should be made to a person falling within paragraph (1), a health body must have regard to—

(a)

whether it is appropriate for a person with that person’s condition;

(b)

the impact of that condition on that person’s life; and

(c)

whether a direct payment represents value for money.

(3)

A direct payment may only be made to a person falling within paragraph (1) if the person—

(a)

is aged 16 or over;

(b)

has capacity to consent to the making of a direct payment to them; and

(c)

is not a person described in the Schedule (persons excluded from direct payments).

Annotations

F1: Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))
F2: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1