The Personal Social Services and Children’s Services (Direct Payments) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These regulations make provision for the making of direct payments in respect of a person securing the provision of certain personal social services. These services are services which would be provided under the Health and Personal Social Services (Northern Ireland) Order 1972; Article 18 of the Children (Northern Ireland) Order 1995 and to carers under section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002.

Regulation 2 sets out the circumstances where an authority must make a direct payment.

Regulations 3 and 4 prescribe the categories of person who may receive direct payments. A person is of a prescribed category if he appears to the authority to be capable of managing a direct payment by himself or with assistance. Excepted from this description are persons whose liberty to arrange their own care is restricted by mental health or criminal justice legislation.

Regulation 5 provides that a direct payment shall be made either gross or net of such amount determined by the authority as being due by the person in respect of the service.

Regulation 6 provides that in certain cases a payment shall only be made as a gross payment.

Regulation 7 specifies conditions which shall or which may be made in respect of direct payments. In particular it prohibits a direct payment from being used to secure a service from certain persons, except in specified circumstances.

Regulation 8 sets out the maximum periods of residential accommodation which may be secured by means of a direct payment.

Regulation 9 provides that where an authority makes a direct payment it retains the functions as respects the provision of the service. It also provides that an authority shall not be under any obligation with respect to the provision of the service provided they are satisfied that the needs of the person will be secured by his own arrangements.

Regulation 10 sets out the circumstances where an authority may require a direct payment to be repaid.

Regulation 11 provides for the circumstances where an authority shall, or may, terminate direct payments.