The National Health Service (Direct Payments) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Direct Payments) Regulations 2013 (S.I. 2013/1617) (“the Direct Payments Regulations”) which make provision for the making of direct payments for health care to secure the provision of certain health services under the National Health Service Act 2006 by a health body (a clinical commissioning group (“CCG”), the National Health Service Commissioning Board (“the Board”), a local authority or the Secretary of State), or in the case of a CCG or the Board, under any other enactment.

A new review provision is inserted into regulation 7 of the Direct Payments Regulations by regulation 2 requiring a health body to re-consider a decision not to make a direct payment to a person and to give reasons for its decision.

Regulations 3(2) and 4 re-insert two paragraphs of the previous regulations governing direct payments (the National Health Service (Direct Payments) Regulations 2010, S.I.2010/1000) which have not been replicated in the Direct Payments Regulations. These paragraphs allow an individual living in the same household, a family member or a friend to be paid to provide care using part of a patient’s direct payment in very limited circumstances and were left out in error.

Regulations 3(3) and 5 insert new review provisions into regulation 8 and 13 of the Direct Payments Regulations requiring, respectively, a health body to re-consider a decision not to include a particular service in the care plan and a decision to reduce the amount paid by way of direct payments and to give reasons for its decision.