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

Conditions for direct payment to suitable person

16.—(1) This regulation sets out the conditions mentioned in regulation 15(4)(b).

(2) Condition A is that, where the suitable person referred to in regulation 15(3) (“S”) is not a surrogate of P but there is a surrogate of P, the direct payments are made with the consent of a surrogate of P.

(3) Condition B is that the responsible authority has, so far as reasonably practicable and appropriate, consulted and taken into account the views of—

(a) anyone named by P as someone to be consulted on the matter of whether a direct payment should be made to S for the purpose of securing provision for P of community care services or on matters of that kind,

(b) anyone engaged in the provision of care for P or interested in P’s welfare, and

(c) any surrogate or other representative of P.

(4) Condition C is that the responsible authority has, so far as they are ascertainable, considered—

(a) P’s past and present wishes and feelings (and, in particular, any relevant written statement made by P when P had capacity to request the making of direct payments),

(b) the beliefs and values that would be likely to influence P’s decision in relation to direct payments if P had such capacity, and

(c) the other factors that P would be likely to consider if P were able to do so.

(5) Condition D is that the responsible authority has obtained an enhanced criminal record certificate issued under section 113B of the Police Act 1997(1)—

(a) in respect of S where S is an individual and neither, in relation to P, a person mentioned in regulation 14(6) nor, as it appears to the responsible authority, a friend of P who is involved in the provision of care for P, or

(b) where S is a body corporate or an unincorporated body of persons, in respect of the individual who will, on behalf of that body, have overall responsibility for the day-to-day management of P’s direct payments.

(6) Condition E is that the responsible authority is satisfied that—

(a) P’s need for the qualifying service can be met by securing the provision of it by means of a direct payment,

(b) S appears to be capable of managing a direct payment alone or with such assistance as may be available to S,

(c) S will act in the best interests, within the meaning of the Mental Capacity Act 2005, of P when securing the provision of services in respect of which the direct payment is made, and

(d) in all the circumstances it is appropriate for a direct payment to be made to S.

(1)

1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), section 163(2) and was amended by the following enactments: the Policing and Crime Act 2009 (c.26), sections 97(2) and 112(2) and Schedule 8, Part 8; the Safeguarding Vulnerable Groups Act 2006 (c.47), section 63(1) and Schedule 9, Part 2, paragraph 14(1) and (3); the Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), articles 2 and 4(1) to (4); the Armed Forces Act 2006 (c.52), section 378(1), Schedule 16, paragraph 149 and the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regulation 8. There are other amendments not relevant to these Regulations.