Mental Health Act 1983

142 Pay, pensions, etc., of mentally disordered persons. U.K.

(1) Where a periodic payment falls to be made to any person by way of pay or pension or otherwise in connection with the service or employment of that or any other person, and the payment falls to be made directly out of moneys provided by Parliament or the Consolidated Fund [F1 or the Scottish Consolidated Fund], or other moneys administered by or under the control or supervision of a government department, the authority by whom the sum in question is payable, if satisfied after considering medical evidence that the person to whom it is payable (referred to in this section as “the patient”) is incapable by reason of mental disorder of managing and administering his property and affairs, may, instead of paying the sum to the patient, apply it in accordance with subsecdtion (2) below.

(2) The authority may pay the sum or such part of it as they think fit to the institution or person having the care of the patient, to be applied for his benefit and may pay the remainder (if any) or such part of the remainder as they think fit—

(a) to or for the benefit of persons who appear to the authority to be members of the patient’s family or other persons for whom the patient might be expected to provide if he were not mentally disordered, or

(b) in reimbursement, with or without interest, of money applied by any person either in payment of the patient’s debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in paragraph (a) above.

(3) In this section “government department” does not include a Northern Ireland department.

Textual Amendments

F1 Words in s. 142(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I, para. 71(3) (with art. 5); S.i 1998/3178, art. 3

Modifications etc. (not altering text)

C1 S. 142 applied (21.1.1994) by S.I. 1993/3253, reg. R1(2).