{
  "url": "https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026/regulation-5",
  "json_url": "https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026/regulation-5.json",
  "legislation": "wsi/2026/104",
  "legislation_title": "The National Health Service (Direct Payments) (Wales) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Direct payments in respect of patients who lack capacity",
  "text": "(1) Direct payments may be made in respect of a patient, other than a child, who lacks capacity to consent to the making of direct payment, if that patient—\n(a) is not an excluded person, and\n(b) has a representative who consents to the making of direct payments in respect of that patient.\n(2) In determining whether direct payments should be made in respect of a patient falling within paragraph (1), the Welsh Ministers must have regard to—\n(a) whether direct payments are appropriate for a patient with that patient’s condition,\n(b) the impact of that condition on that patient’s life, and\n(c) whether direct payments represent value for money.\n(3) This paragraph applies to a patient, other than a child, who lacks capacity to consent to the making of direct payments to them but is a patient in respect of whom there is no representative.\n(4) Where paragraph (3) applies, the Welsh Ministers may appoint a person they consider suitable to act as a representative for that patient.\n(5) A representative to whom direct payments are made in respect of a patient must—\n(a) agree to act on the patient’s behalf in relation to the direct payment,\n(b) act in the best interests of the patient when securing the provision of services in respect of which the direct payments are made,\n(c) be responsible as the contracting party for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payments, and\n(d) use the direct payments in accordance with patient’s care plan.\n(6) In determining for the purposes of this regulation what is in the best interests of a patient, other than a child, the representative must comply with the requirements specified in subsections (1) to (7) of section 4 of the Mental Capacity Act 2005 (best interests).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2026/104/regulation/5",
    "retrieved_at": "2026-10-28T22:54:51.489699+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}