# The National Health Service (Direct Payments) (Wales) Regulations 2026, Regulation 7: Patients who gain or regain capacity: consent and review


(1) This paragraph applies where direct payments are being made in respect of a patient under regulation 5 or regulation 6 and the patient gains or regains capacity to consent to the making of direct payments.
(2) Where paragraph (1) applies, the Welsh Ministers must as soon as reasonably possible review the making of the direct payments in accordance with regulation 18.
(3) Where paragraph (1) applies, the Welsh Ministers may continue to make direct payments to the representative or nominee in accordance with the patient’s care plan if—
(a) the patient consents to the continued making of the direct payments, and
(b) 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.
(4) Where paragraph (1) applies and the patient does not consent to the making of direct payments, the Welsh Ministers must stop making the direct payments.

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Source: https://www.legislation.gov.uk/wsi/2026/104/regulation/7 (the official version)
Page: https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.