- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010 No. 2862
17.—(1) The responsible authority must terminate the making of direct payments under regulation 14 or 15 if—
(a)P ceases to be eligible to receive the qualifying service to which the direct payments relate,
(b)it appears to the responsible authority that P or, in a case within regulation 15, the other person to whom the direct payments are made (“S”) is not using or has not used the direct payments in accordance with P’s support plan,
(c)in a case within regulation 14, it appears to the responsible authority that P is no longer capable of managing a direct payment, either alone or with such assistance as may be available to P,
(d)in a case within regulation 15, it appears to the responsible authority that S is no longer capable of managing a direct payment, either alone or with such assistance as may be available to S,
(e)it appears to the responsible authority that the outcomes specified in P’s support plan are no longer capable of being secured by means of a direct payment, or
(f)P or, in a case within regulation 15, S asks the responsible authority to stop making direct payments.
(2) Where paragraph (1) applies, the responsible authority must make the necessary changes to P’s support plan and notify P (or, as the case requires, S) in writing of those changes.
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