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

Duty to make direct payments

2.—(1) If the conditions in paragraph (3) are satisfied, an authority must make in the case of a prescribed person who falls within section 8(2) of the Act, or Article 18C of the Children Order, with that persons consent, such payments to him (direct payments) as the authority may determine in accordance with regulation 5 in respect of his securing the provision of a relevant service.

(2) In this regulation a relevant service means –

(a) a particular personal social service under the 1972 Order; or

(b) a particular service under section 2 of the Act; or

(c) a service under Article 18 of the Children Order.

(3) The conditions referred to in paragraph (1) are that –

(a) the authority is satisfied that the person’s needs for the relevant service can be met by securing the provision of it by means of a direct payment; and

(b) in the case of a relevant service mentioned in paragraph (2)(c), the authority is satisfied that the welfare of the child in respect of whom the service is needed will be safeguarded and promoted by securing the provision of it by means of a direct payment.