The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010

Direct payments in case of person lacking capacity to request them

15.—(1) Where P falls within paragraph (2) or is believed by the responsible authority to fall within that paragraph, this regulation applies instead of regulation 14.

(2) P falls within this paragraph if P lacks capacity to consent to the making of direct payments under regulation 14.

(3) Where P’s support plan has been approved by P or in accordance with regulation 9(3), the responsible authority must consider whether the conditions in regulation 16 could be met in relation to the making of payments (“direct payments”) to a suitable person (“S”) other than P in respect of S’s securing the provision for P of services that secure one or more of those outcomes.

(4) The responsible authority may make direct payments to S if –

(a) S so requests;

(b) the conditions in regulation 16 are met; and

(c) P is not a person excluded by Schedule 1.

(5) If direct payments are to be made to S under this regulation —

(a) P’s support plan must set out the level of such payments and include a statement by S confirming that S is aware of the obligation to repay any payment in the circumstances set out in regulation 18(1)(a) to (c), and

(b) S and, where S is not a surrogate of P but there is a surrogate of P, that surrogate, must sign the support plan as amended in accordance with sub- paragraph (a).

(6) A direct payment under this regulation is to be subject to the condition that the service in respect of which it is made must not be secured from a person mentioned in regulation 14(6) unless the responsible authority is satisfied that securing the service from such a person is necessary to meet satisfactorily P’s need for that service.

(7) The responsible authority may make a direct payment subject to such other conditions as it thinks fit.

(8) The conditions referred to in paragraph (7) may, in particular, require that S—

(a) must not secure the service from a particular person; and

(b) must provide such information to the responsible authority as the authority considers necessary in connection with the direct payment.