OpenLegislation

Paragraph 8 RepresentativesI1

England and Wales

(1)

Subject to sub-paragraph (2), a local authority may make direct payments to a representative where—

(a)

the parent; or

(b)

the beneficiary who has attained the age of 16,

does not have capacity to consent to the making of direct payments to them.

(2)

Direct payments may only be made to a representative where the representative—

(a)

agrees in writing to—

(i)

act on behalf of the parent or beneficiary in relation to the direct payments;

(ii)

use the direct payments to secure the agreed provision; and

(iii)

act in the best interests of the beneficiary in relation to the direct payments; and

(b)

is not a person described in Part 4.

Annotations

Commencement

I1

Sch. 1 para. 8 in force at 30.1.2012, see art. 1(2)