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The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015

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Health and Social Care Act 2001 (c. 15)

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65.—(1) Section 57 (direct payments) is amended as follows.

(2) In subsection (1)—

(a)after “subsection (2)” insert “or (2A)”;

(b)for “paragraph (a) or (b) of that subsection” substitute “subsection (2) or (as the case may be) (2A)”.

(3) In subsection (2), after “a local authority” insert “in Wales”, and omit “(“the responsible authority”)”.

(4) After subsection (2) insert—

(2A) A person falls within this subsection if the person is under 18 and a local authority in England have decided under section 47 of the 1990 Act that the person’s needs call for the provision by them of services under section 117 of the Mental Health Act 1983 (after-care).

(2B) The local authority mentioned in subsection (2) or (2A) are referred to in this section as “the responsible authority”.

(5) In subsection (3)(a), for “paragraph (a) or (b) of subsection (2)” substitute “subsection (2) or (2A)”.

(6) In subsection (3)(g), for “subsection (2)(a) or (b)” substitute “subsection (2) or (2A)”.

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