The National Health Service (Direct Payments) Regulations 2013

Conditions applying to the making of direct payments by a health body

10.—(1) Where a health body has decided to make direct payments to or in respect of a patient, a health body must only make the payments into an account approved by the health body for the benefit of the patient if they are satisfied that the requirements in paragraphs (2), (3) and (5) are met.

(2) The account mentioned at paragraph (1) must be capable of—

(a) providing for monies paid into the account to be held only for the purposes of securing services by means of—

(i) direct payments under these Regulations,

(ii) direct payments to secure relevant services for social care,

(iii) payments made by the Independent Living Fund (2006)(1), or

(iv) other payments to secure relevant services for a disabled person; and

(b) being audited (by reference to statements setting out the source of monies deposited and the destination of monies withdrawn) by—

(i) a health body, or

(ii) anyone authorised in writing by a health body.

(3) The account mentioned in paragraph (1) must be—

(a) accessible only by named persons approved by a health body; and

(b) used only to hold monies paid into the account by way of the payments mentioned in paragraph (2)(a).

(4) A health body may require a patient, representative or nominee to provide the health body with access to information about an account into which a direct payment is, or may be made.

(5) A health body must ensure that an account mentioned in paragraph (1) is subject to arrangements or procedures that the health body considers adequate to—

(a) enable the monitoring and review mentioned in regulation 14(1)(a) and (6)(c) to be carried out; and

(b) ensure that direct payments paid into it will be used only for services agreed in a patient’s care plan.

(6) Paragraphs (1) to (5) do not apply where a patient is in receipt of a one-off direct payment.

(7) Where a health body is satisfied that a one-off direct payment is appropriate in the circumstances of an individual case, that payment may be made into the personal bank account of the patient.

(8) In this regulation and regulation 11, “one-off direct payment” means a payment made for a single item or service or a single payment made for no more than 5 items or services where that payment is the only payment a patient would receive from that health body in any financial year.

(1)

The Independent Living Fund (2006) is an Executive Non-Departmental Public Body of the Department of Work and Pensions set up as a national resource dedicated to the financial support of disabled people. It provides discretionary cash payments directly to disabled people. Its operations are governed by a Deed dated 10th April 2006 between the Secretary of State for Work and Pensions and the Original Trustees, amended from time to time by the Secretary of State for Work and Pensions. See the Independent Living Fund (2006) Order 2007 (S.I. 2007/2538, as amended by S.I. 2013/458).