Paragraph 3 Request for direct paymentsI1

England and Wales

(1)

Where a local authority has—

(a)

served a copy of a statement or an amended statement of special educational needs in accordance with paragraph 6 of Schedule 27 to the 1996 Act; or

(b)

carried out an assessment of a beneficiary’s learning difficulties in accordance with section 139A of the 2000 Act, and has prepared the written report referred to in section 139B(3) of the 2000 Act^f1,

the authority must provide P with information and advice about direct payments under section 532A(1) of the 1996 Act and if P requests the authority to consider making a direct payment under that section, the authority must consider that request.

(2)

In this paragraph P means—

(a)

the parent of a beneficiary where the beneficiary has not yet attained the age of 16;

(b)

the beneficiary where the beneficiary has attained the age of 16 and has capacity to consent to the making of direct payments to them; or

(c)

a representative.

F1(3)

The duty to provide information and advice under sub-paragraph (1) shall cease at the end of 31st August 2014.

(4)

The duty to consider a request made under sub-paragraph (1) shall not apply in relation to a request received after 31st August 2014.

Annotations

Textual amendments

F1: Sch. 1 para. 3(3)(4) inserted (29.1.2014) by The Special Educational Needs (Direct Payments) (Pilot Scheme) (Extension and Amendment) Order 2014 (S.I. 2014/166), arts. 1, 2(3)

Commencement

I1: Sch. 1 para. 3 in force at 30.1.2012, see art. 1(2)

Footnotes

f1: Section 139B was inserted by section 80 of the 2008 Act and amended by S.I. 2010/1158.