PART 4MEETING NEEDS
Direct payments
I152Direct payments to meet a carer's needs
1
Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a carer's needs for support under section 40, 42 or 45.
2
But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met.
3
Condition 1 is that the payments are to be made to the carer who has needs for support (“C”).
4
Condition 2 is that—
a
where C is an adult or a child aged 16 or 17, C has, or the local authority believes that C has, capacity to consent to the making of the payments;
b
where C is a child aged under 16, the local authority is satisfied that C has sufficient understanding to make an informed decision about receiving direct payments.
5
Condition 3 is that the local authority is satisfied that—
a
making the payments is an appropriate way of meeting C's needs, and
b
C is capable of managing the payments (either by himself or herself or with the support that is available to C).
6
Condition 4 is that C has consented to the making of the payments.
7
A payment under this section is referred to in this Act as a “direct payment”.