Paragraph 4 Direct payments: after-care services for an adultF1

(1)

The conditions referred to in paragraph 2(a) in relation to making direct payments in respect of an adult (“A”) to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging the provision of after-care services for A under that section are as follows.

(2)

Condition 1 is that—

(a)

the payments are to be made to A,

(b)

the local authority believes that A has capacity to consent to the making of the payments,

(c)

the local authority is satisfied that—

(i)

making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and

(ii)

A is capable of managing the payments (either by themselves or with the support that is available to them), and

(d)

A has consented to the making of the payments.

(3)

Condition 2 is that—

(a)

the payments are to be made to a person other than A (“B”),

(b)

the local authority believes that A does not have capacity to consent to the making of the payments,

(c)

B is a suitable person,

(d)

the local authority is satisfied that—

(i)

making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983,

(ii)

B is capable of managing the payments (either by themselves or with the support that is available to them), and

(iii)

B will act in A’s best interests in managing the payments, and

(e)

the necessary consent has been obtained to make the payment to B.

(4)

Condition 3 is that—

(a)

the payments are to be made to a person who is nominated by A (“N”),

(b)

the local authority believes that A has capacity to consent to the making of the payments,

(c)

the local authority is satisfied that—

(i)

making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and

(ii)

N is capable of managing the payments (either by themselves or with the support that is available to them),

(d)

A has consented to the making of the payments, and

(e)

N has consented to receive the payments.

(5)

For the purposes of sub-paragraph (3)(c), B is a “suitable person”—

(a)

if B is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about the provision to A of after-care services under section 117 of the Mental Health Act 1983,

(b)

where B is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that B is suitable to receive the payments, or

(c)

where B is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that B is suitable to receive payments of that kind.

(6)

For the purposes of sub-paragraph (3)(e), the “necessary consent” means—

(a)

the consent of B, and

(b)

where B is a suitable person by virtue of sub-paragraph (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about the provision to A of after-care services under section 117 of the Mental Health Act 1983.

Annotations

Textual amendments

F1: Sch. A1 substituted (1.1.2026 for specified purposes, 1.4.2026 in so far as not already in force) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 20(2)(d), 29(2); S.I. 2025/1257, art. 3(1)(d)(iii)(2)(e)