# The National Health Service (Direct Payments) (Wales) Regulations 2026, Regulation 6: Direct payments for patients who had but no longer have capacity


(1) Where a patient has been receiving direct payments on the basis that they were eligible to do so under regulation 3, but the Welsh Ministers reasonably believe that the patient no longer has the necessary capacity to consent to the making of the direct payments, paragraph (2) applies.
(2) Where this paragraph applies, the Welsh Ministers may continue to make direct payments in respect of that patient if—
(a) they are satisfied that the patient’s lack of capacity is likely to be temporary, and
(b) either—
(i) a representative or nominee agrees, in accordance with regulation 5(5)(a) (representatives) or regulation 8(4)(a) (nominees), to act on the patient’s behalf in respect of the direct payments or to receive the direct payments on behalf of the patient, or
(ii) a nominee, appointed by the Welsh Ministers having regard to an indication given by the patient under regulation 8(2), agrees to receive the direct payments on behalf of the patient, and
(c) the direct payments are made subject to the condition that the representative or nominee must allow the patient to manage the direct payments themselves for any period in respect of which the Welsh Ministers are satisfied that the patient—
(i) has capacity to consent to the making of the direct payments, and
(ii) is capable of managing the direct payments themselves or with the assistance that is available to them.

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Source: https://www.legislation.gov.uk/wsi/2026/104/regulation/6 (the official version)
Page: https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.