OpenLegislation

Regulation 2 Persons to whom direct payments may be madeI1

Northern Ireland

(1)

Subject to paragraph (2) a person—

(a)

to whom section 1(1) of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978f1 applies, and

(b)

who appears to the Department to be capable of managing a direct payment by himself or with assistance,

is hereby prescribed for the purposes of Article 15A(1)(b) of the Order.

(2)

Paragraph (1) does not apply to a person:—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

who is required to submit to treatment for his mental condition or for his drug or alcohol dependency by virtue of a requirement of—

(i)

a probation order within the meaning of section 1 of the Probation Act (Northern Ireland) 1950f2; or

(ii)

a combination order within the meaning of Article 15 of the Criminal Justice (Northern Ireland) Order 1996f3;

(c)

who is placed under guardianship in pursuance of—

(i)

an application made in accordance with Article 18 of the 1986 Order; or

(ii)

an order made under Article 44 of that Order;

(d)

who is absent from hospital with leave given in accordance with Article 15 of the 1986 Order;

(e)

in respect of whom there is in force a condition imposed in accordance with Article 48(2) or 78(4) (including such a condition which has been varied in accordance with Article 78(5) or 80(3)) of the 1986 Order; or

(f)

in respect of whom there is in force a supervision and treatment order within the meaning given by Part I of Schedule 2A to the 1986 Orderf4.

Annotations

Textual amendments

F1

Reg. 2(2)(a) omitted (26.5.2000) by virtue of The Personal Social Services (Direct Payments) (Amendment) Regulations (Northern Ireland) 2000 (S.R. 2000/114), regs. 1, 2

Commencement

I1

Reg. 2 in operation at 1.4.1997, see reg. 1(1)

Footnotes

f1

1978 c. 53; Section 1(1) was amended by Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

f2

1950 c. 7; Section 1 is prospectively repealed by S.I. 1996/3160 (N.I. 24) Schedule 7 and replaced by Article 10 thereof

f3

S.I. 1996/3160 (N.I. 24)

f4

Schedule 2A is prospectively inserted by S.I. 1996/3160 (N.I. 24) Schedule 4