Regulation 6 Nominated personI1
England and Wales
The following persons may nominate another person (a “nominee”) to receive a direct payment on a patient’s behalf—
a patient with capacity to consent to the making of a direct payment who is not a child;
the representative of a patient; or
in a case where regulation 5(7) applies (lack of capacity to consent to the making of a direct payment), a health body.
If a patient who lacks capacity to consent to the making of a direct payment to them has indicated in advance of losing capacity a wish to have another person nominated to receive direct payments on the patient’s behalf, that other person shall be a nominee.
A nominee to whom a direct payment is made in respect of a patient must—
be responsible as a principal for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payment;
use the direct payment in accordance with the care plan; and
comply with the relevant provisions of these Regulations.
Before making a direct payment to a nominee—
the nominee must agree to receive the direct payment in respect of the patient; and
a health body must agree to the making of the direct payment to the nominee.
If the person who has nominated a nominee pursuant to paragraph (1) notifies a health body in writing that they wish to withdraw or change the nomination, the health body must consider whether to—
stop making the direct payments; and
as soon as reasonably possible review the making of the direct payments in accordance with regulation 14.