Regulation 4 Direct payments in respect of a child
Direct payments may be made in respect of a child, if the child—
is not an excluded person, and
has a representative who consents to the making of direct payments in respect of the child.
In determining whether direct payments should be made in respect of a child falling within paragraph (1), the Welsh Ministers must have regard to—
whether direct payments are appropriate for a child with that child’s condition,
the impact of that condition on the child’s life, and
whether direct payments represent value for money.
A representative to whom direct payments may be made in respect of a child must—
agree to act on the child’s behalf in relation to the direct payments,
act in the best interests of the child when securing the provision of services in respect of which the direct payments are made,
be responsible as the contracting party for all contractual arrangements entered into for the benefit of the child and secured by means of the direct payments, and
use the direct payments in accordance with child’s care plan.
This paragraph applies where a patient reaches the age of 16.
Where paragraph (4) applies, the Welsh Ministers must, as soon as reasonably possible, review the making of the direct payments in accordance with regulation 18.
Where paragraph (4) applies, the Welsh Ministers may continue to make direct payments to the representative or nominee in accordance with the patient’s care plan if—
the patient consents to the continued making of the direct payments, and
both the patient and the representative or nominee agree that the representative or nominee will continue to manage the direct payments on behalf of the patient.
Where paragraph (4) applies and the patient does not consent to the continued making of direct payments, the Welsh Ministers must stop making the direct payments.