{
  "url": "https://openlegislation.uk/personal-social-services-direct-payments-regulations-northern-ireland-1997/regulation-2",
  "json_url": "https://openlegislation.uk/personal-social-services-direct-payments-regulations-northern-ireland-1997/regulation-2.json",
  "legislation": "nisr/1997/131",
  "legislation_title": "The Personal Social Services (Direct Payments) Regulations (Northern Ireland) 1997",
  "legislation_url": "https://openlegislation.uk/personal-social-services-direct-payments-regulations-northern-ireland-1997",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Persons to whom direct payments may be made",
  "text": "(1) Subject to paragraph (2) a person—\n(a) to whom section 1(1) of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 applies, and\n(b) who appears to the Department to be capable of managing a direct payment by himself or with assistance,\nis hereby prescribed for the purposes of Article 15A(1)(b) of the Order.\n(2) Paragraph (1) does not apply to a person:—\n(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(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—\n(i) a probation order within the meaning of section 1 of the Probation Act (Northern Ireland) 1950; or\n(ii) a combination order within the meaning of Article 15 of the Criminal Justice (Northern Ireland) Order 1996;\n(c) who is placed under guardianship in pursuance of—\n(i) an application made in accordance with Article 18 of the 1986 Order; or\n(ii) an order made under Article 44 of that Order;\n(d) who is absent from hospital with leave given in accordance with Article 15 of the 1986 Order;\n(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\n(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 Order.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 2 in operation at 1.4.1997, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "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))"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1950 c. 7; Section 1 is prospectively repealed by S.I. 1996/3160 (N.I. 24) Schedule 7 and replaced by Article 10 thereof"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1996/3160 (N.I. 24)"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Schedule 2A is prospectively inserted by S.I. 1996/3160 (N.I. 24) Schedule 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1997/131/regulation/2",
    "retrieved_at": "2026-10-29T02:29:56.254017+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."
}