The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Termination of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act

17.—(1) Subject to paragraph (3), a responsible authority must terminate the making of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act to a person if—

(a) the person ceases to be a prescribed person; or

(b) a condition mentioned in regulation 7(2) ceases to be met.

(2) A responsible authority may terminate the making of the whole or part of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act to a prescribed person if—

(a) any condition imposed under regulation 11 or referred to in section 57(4)(b) of the 2001 Act is not complied with; or

(b) in all the circumstances the responsible authority consider it appropriate to terminate the making of direct payments.

(3) A responsible authority may continue to make direct payments to a person who ceases to satisfy regulation 2(b) who would otherwise be a prescribed person if—

(a) the authority are reasonably satisfied that that person’s lack of capacity to consent will be temporary;

(b) another person who appears to the responsible authority to be capable of managing a direct payment is prepared to accept and manage such payments on behalf of that person during the period of their incapacity; and

(c) the person with whom the arrangement for the provision of the relevant service has been made agrees to accept payment for the service from the person mentioned in sub-paragraph (b).