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The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 1887
- Regulation 10
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Amount and payment of direct payments under section 57(1A) of the 2001 Act
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10.—(1) A direct payment under section 57(1A) of the 2001 Act shall be made to S as a gross payment unless the responsible authority decide it shall be made as a net payment.
(2) For the purpose of making the payment referred to in paragraph (1), the responsible authority shall determine, having regard to P’s means, what amount or amounts (if any) it is reasonably practicable for P to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of a contribution as mentioned in section 57(5) of that Act).
(3) Where the relevant service is one which, apart from these Regulations, would be provided under section 117 of the 1983 Act (after-care)—
(a)the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and
(b)subsection (4)(b) of that section shall not apply.
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