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Paragraph 6 Further provision for direct payments: after-careF1

Regulations under this Schedule may also make provision (in particular) about the following—

(a)

matters to which a local authority may or must have regard when making a decision of a specified type about direct payments;

(b)

conditions that a local authority may or must attach, and conditions that it must not attach, in relation to direct payments;

(c)

steps that a local authority may or must take before, or after, making a decision of a specified type about direct payments;

(d)

support that a local authority must provide or arrange for persons to whom it makes direct payments;

(e)

cases or circumstances in which a local authority may act as an agent on behalf of a person to whom direct payments are made;

(f)

conditions subject to which, and the extent to which, a local authority’s duty under section 117 of the Mental Health Act 1983 (after-care) is discharged by the making of direct payments;

(g)

cases or circumstances in which a local authority must not, or is allowed not to, make payments to a person or in relation to a person;

(h)

cases or circumstances in which a person who no longer lacks, or who the local authority believes no longer lacks, capacity to consent to the making of direct payments must or may nonetheless be treated for the purposes of paragraphs 4 and 5 as lacking capacity to do so;

(i)

cases or circumstances in which a local authority making direct payments may or must review the making of those payments;

(j)

cases or circumstances in which a local authority making direct payments may or must—

(i)

terminate the making of those payments;

(ii)

require the repayment of the whole or part of a direct payment;

(k)

the recovery of any amount due to a local authority in connection with the making of direct 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)