PART 4MEETING NEEDS
Direct payments
I150Direct payments to meet an adult's needs
1
Regulations may require or allow a local authority to make payments to a person towards the cost of meeting an adult's needs for care and support under section 35 or 36.
2
But regulations under subsection (1) may not require or allow such payments to be made unless condition 1 or 2 is met.
3
Condition 1 is that—
a
the payments are to be made to the adult who has needs for care and support (“A”),
b
A has, or the local authority believes that A has, capacity to consent to the making of the payments,
c
the local authority is satisfied that—
i
making the payments is an appropriate way of meeting A's needs, and
ii
A is capable of managing the payments (either by himself or herself or with the support that is available to A), and
d
A has consented to the making of the payments.
4
Condition 2 is that—
a
the adult who has needs for care and support (“A”) does not have, or the local authority believes that A does not have, capacity to consent to the making of the payments,
b
the payments are to be made to a person (“P”) other than A,
c
P is a suitable person,
d
the local authority is satisfied that—
i
making the payments is an appropriate way of meeting A's needs,
ii
P is capable of managing the payments (either by himself or herself or with the support that is available to P), and
iii
P will act in A's best interests in managing the payments, and
e
the necessary consent has been obtained to make the payments to P.
5
For the purposes of subsection (4)(c), P is a “suitable person”—
a
if P is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A's needs for care and support,
b
where P is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that P is suitable to receive payments towards the cost of meeting A's needs for care and support, or
c
where P is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that P is suitable to receive payments of that kind.
6
For the purposes of subsection (4)(e), the “necessary consent” means—
a
the consent of P, and
b
where P is a suitable person by virtue of subsection (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A's needs for care and support.
7
A payment under this section is referred to in this Act as a “direct payment”.