{
  "url": "https://openlegislation.uk/social-services-and-well-being-wales-act-2014/schedule-A1/paragraph-4",
  "json_url": "https://openlegislation.uk/social-services-and-well-being-wales-act-2014/schedule-A1/paragraph-4.json",
  "legislation": "anaw/2014/4",
  "legislation_title": "Social Services and Well-being (Wales) Act 2014",
  "legislation_url": "https://openlegislation.uk/social-services-and-well-being-wales-act-2014",
  "path": "schedule/A1/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Direct payments: after-care services for an adult",
  "text": "(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.\n(2) Condition 1 is that—\n(a) the payments are to be made to A,\n(b) the local authority believes that A has capacity to consent to the making of the payments,\n(c) the local authority is satisfied that—\n(i) making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and\n(ii) A is capable of managing the payments (either by themselves or with the support that is available to them), and\n(d) A has consented to the making of the payments.\n(3) Condition 2 is that—\n(a) the payments are to be made to a person other than A (“B”),\n(b) the local authority believes that A does not have capacity to consent to the making of the payments,\n(c) B is a suitable person,\n(d) the local authority is satisfied that—\n(i) making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983,\n(ii) B is capable of managing the payments (either by themselves or with the support that is available to them), and\n(iii) B will act in A’s best interests in managing the payments, and\n(e) the necessary consent has been obtained to make the payment to B.\n(4) Condition 3 is that—\n(a) the payments are to be made to a person who is nominated by A (“N”),\n(b) the local authority believes that A has capacity to consent to the making of the payments,\n(c) the local authority is satisfied that—\n(i) making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and\n(ii) N is capable of managing the payments (either by themselves or with the support that is available to them),\n(d) A has consented to the making of the payments, and\n(e) N has consented to receive the payments.\n(5) For the purposes of sub-paragraph (3)(c), B is a “suitable person”—\n(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,\n(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\n(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.\n(6) For the purposes of sub-paragraph (3)(e), the “necessary consent” means—\n(a) the consent of B, and\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/anaw/2014/4/schedule/A1/paragraph/4",
    "retrieved_at": "2026-10-29T20:18:25.857129+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."
}