OpenLegislation

Section 49 Restrictions on provision of paymentsI1C1

England and Wales

(1)

A local authority may not provide payments to meet a person's needs for care and support or a carer's needs for support under sections 35 to 45 unless—

(a)

the payments are direct payments (see sections F1sections 49A to 53A),

(b)

the authority considers—

(i)

that the person's needs are urgent, and

(ii)

that it would not be reasonably practicable to meet those needs in any other way,

(c)

the payments are provided under or by virtue of a contract, or

(d)

the payments are provided in circumstances specified in regulations.

(2)

A local authority may not provide payments in the discharge of its duty under section 15(1) unless—

(a)

the authority considers—

(i)

that the payments would achieve one or more of the purposes mentioned in section 15(2), and

(ii)

that it would not be reasonably practicable to achieve that purpose or those purposes in any other way,

(b)

the payments are provided under or by virtue of a contract which relates to the provision of services for the authority's area, or

(c)

the payments are provided in circumstances specified in regulations.

Annotations

Textual amendments

F1

Words in s. 49(1)(a) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(2); S.I. 2025/1257, art. 3(2)(f)

Modifications

C1

Ss. 46-49 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23), ss. 52(8), 127(1) (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2016/464, art. 2(b)

Commencement

I1

S. 49 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)