Paragraph 5 Direct payments: after-care services for a childF1

(1)

The conditions referred to in paragraph 2(b) in relation to making direct payments in respect of a child (“C”) 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 C under that section are as follows.

(2)

Condition 1 is that—

(a)

the payments are to be made to a person (“P”) who is—

(i)

C, or

(ii)

a person with parental responsibility for C,

(b)

where P is—

(i)

an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;

(ii)

a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to receive the payments,

(c)

the local authority is satisfied that—

(i)

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

(ii)

C’s well-being will be safeguarded and promoted by the making of the payments, and

(iii)

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

(d)

P has consented to the making of the payments.

(3)

Condition 2 is that—

(a)

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

(b)

where P is—

(i)

an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of payments;

(ii)

a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to the making of payments,

(c)

the local authority is satisfied that—

(i)

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

(ii)

the well-being of C will be safeguarded and promoted by the making of the payments,

(iii)

N will act in C’s best interests in managing the payments, and

(iv)

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

(d)

P has consented to the making of the payments, and

(e)

N has consented to receive the payments.

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)