The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

Regulations 3(1) and 4

SCHEDULE 1 PERSONS TO WHOM DIRECT PAYMENTS MAY NOT BE MADE

This Schedule applies to a person —

(a) who is required to submit to treatment for his or her mental condition or drug or alcohol dependency by virtue of a requirement of a community rehabilitation order within the meaning of section 41 of the 2000 Act or a community punishment and rehabilitation order within the meaning of section 51 of that Act;

(b) who is subject to a drug treatment and testing order within the meaning of section 52 of the 2000 Act;

(c) who is released on licence under section 37 of the Criminal Justice Act 1991(1) subject to a condition that he or she submits to treatment for his or her mental condition or drug or alcohol dependency;

(d) who is placed under guardianship in pursuance of—

(i) an application made in accordance with section 7 of the 1983 Act; or

(ii) an order made under section 37 of that Act;

(e) who is absent from hospital with leave given in accordance with section 17 of the 1983 Act;

(f) who is subject to after-care under supervision within the meaning of section 25A of the 1983 Act(2);

(g) who has in force in respect of him or her a condition imposed in accordance with section 42(2) or 73(4) of the 1983 Act (including such a condition as varied in accordance with section 73(5) or 75(3) of that Act);

(h) who has in force in respect of him or her a supervision and treatment order within the meaning of Part 1 of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991(3);

(i) who is a patient subject to after-care under a community care order under section 35A of the 1984 Act(4);

(j) who is a patient who is absent from hospital on leave under section 27 of the 1984 Act;

(k) who is subject to a guardianship order within the meaning of section 57 of the Adults with Incapacity (Scotland) Act 2000(5) by reason of, or by reasons which include, incapacity through mental disorder;

(l) who is a restricted patient within the meaning of section 63(1) of the 1984 Act and who has been given a conditional discharge under section 64 or 68 of that Act;

(m) who is subject to an order of a court under section 57(2)(a), (b), (c) or (d), 58 or 59 of the 1995 Act;

(n) who is required to submit to treatment for his or her mental condition or his or her drug or alcohol dependency by virtue of a requirement of a probation order within the meaning of sections 228 to 230 of the 1995 Act, or who is subject to a drug treatment and testing order within the meaning of section 234B of that Act(6); or

(o) who is released on licence under section 22 or 26 of the Prisons (Scotland) Act 1989(7) or under section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993(8) and is subject to a condition that he or she submits to treatment for his or her mental condition or for his or her drug or alcohol dependency.

Regulation 12

SCHEDULE 2 CONSEQUENTIAL AMENDMENTS

1.  In the enactments specified in column 1 of the following table, in the provisions specified in column 2 of that table, after “Community Care (Direct Payments) Act 1996”, insert “or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)” —

1. Title of enactment	2. Provisions to be amended
Civil Legal Aid (Assessment of Resources) Regulations 1989(9)	Schedule 2, paragraph 6(2) Schedule 3, paragraph 8(b)
Legal Advice and Assistance Regulations 1989(10)	Schedule 2, paragraph 9A(2)
Legal Aid in Criminal and Care Proceedings (General) Regulations 1989(11)	Schedule 3, paragraph 6(2)
Community Legal Service (Financial) Regulations 2000(12)	Regulations 19(b) and 33(b)
Criminal Defence Service (General) (No 2) Regulations 2001(13)	Schedule 1, paragraph 8(1)(d)

2.  In the enactments specified in column 1 of the following table, in the provisions specified in column 2 of that Schedule, after “Social Work (Scotland) Act 1968”, insert “or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)” —

1. Title of enactment	2. Provisions to be amended
Income Support (General) Regulations 1987(14)	Schedule 9, paragraph 58
Housing Benefit (General) Regulations 1987(15)	Schedule 4, paragraph 67
Family Credit (General) Regulations 1987(16)	Schedule 2, paragraph 57
Disability Working Allowance (General) Regulations 1991(17)	Schedule 3, paragraph 55
Council Tax Benefit (General) Regulations 1992(18)	Schedule 4, paragraph 62
Child Support (Maintenance Assessments and Special Cases)Regulations 1992(19)	Schedule 2, paragraph 48C
Jobseeker’s Allowance Regulations 1996(20)	Schedule 7, paragraph 56
Housing Renewal Grants Regulations 1996(21)	Schedule 3, paragraph 59
Relocation Grants (Form of Application) Regulations 1997(22)	Schedule, paragraph 43A

3.  In regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002(23) in entry 14 in table 6, after “Health and Personal Social Services (Direct Payments) (Northern Ireland) Order”, add “or regulations made under section 57 of the Health and Social Care Act 2001 (direct payments).”.

(1)

1991 c. 53.

(2)

Section 25A was inserted by section 1(1) of the Mental Health (Patients in the Community) Act 1995 (c. 52) (“the 1995 Act”).

(3)

1991 c. 25.

(4)

Section 35A was inserted by section 4 of the 1995 Act.

(5)

2000 asp 4.

(6)

Section 234B was inserted by section 90 of the Crime and Disorder Act 1998 (c. 37).

(7)

1989 c. 45.

(8)

1993 c. 9.

(9)

S.I. 1989/338; relevant amending regulations are S.I. 1993/778, 1996/2309, 1997/753; see also S.I. 2000/774, article 5.

(10)

S.I. 1989/340; relevant amending regulations are S.I. 1993/790 and 1997/751; see also S.I. 2000/774 article 5 and S.I. 2001/916, article 4 and Schedule 2.

(11)

S.I. 1989/344; relevant amending regulations are S.I. 1993/789 and 1997/752; see also S.I. 2000/774 article 5 and S.I. 2001/916, article 4 and Schedule 2.

(12)

S.I. 2000/516.

(13)

S.I. 2001/1437.

(14)

S.I. 1987/1967; relevant amending regulations are S.I. 1997/65.

(15)

S.I. 1987/1971; relevant amending regulations are S.I. 1997/2863.

(16)

S.I. 1987/1973; relevant amending regulations are S.I. 1997/65.

(17)

S.I. 1991/2887; relevant amending regulations are S.I. 1997/65.

(18)

S.I. 1992/1814; relevant amending regulations are S.I. 1997/65.

(19)

S.I. 1992/1815; relevant amending regulations are S.I. 1996/3196. S.I. 1992/1815 was revoked with savings by S.I. 2001/155.

(20)

S.I. 1996/207; relevant amending regulations are S.I. 1997/65.

(21)

S.I. 1996/2890; relevant amending regulations are S.I. 1998/808.

(22)

S.I. 1997/2847.

(23)

S.I. 2002/2006.