Social Services and Well-being (Wales) Act 2014

51 Direct payments to meet a child's needs E+W

(1) Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a child's needs for care and support under section 37, 38 or 39.

(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 a person (“P”) who is—

(a) a person with parental responsibility for a child who has needs for care and support, or

(b) a child who has needs for care and support.

(4) Condition 2 is that—

(a) where P is an adult or a child aged 16 or 17, P has, or the local authority believes that P has, capacity to consent to the making of the payments;

(b) where P is a child aged under 16, the local authority is satisfied that P 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 the child's needs,

(b) the well-being of the child will be safeguarded and promoted by the making of the payments, and

(c) P is capable of managing the payments (either by himself or herself or with the support that is available to P).

(6) Condition 4 is that P has consented to the making of the payments.

(7) A payment under this section is referred to in this Act as a “direct payment”.

Commencement Information

I1 S. 51 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)