The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the making of direct payments in respect of a person securing the provision of certain social care services. Those services are services which would be provided under the community care enactments mentioned in section 46(3) of the National Health Service and Community Care Act 1990, to carers under section 2 of the Carers and Disabled Children Act 2000 or services under section 17 of the Children Act 1989 (provision of services for children in need, their families and others).

Regulations 2 and 3 prescribe the categories of persons who may receive direct payments. A person is of a prescribed category (for the purposes of section 57 of the Health and Social Care Act 2001 or section 17A of the Children Act 1989) if he appears to the responsible authority to be capable of managing a direct payment and he is not a person mentioned in paragraph (2) of regulation 2.

Regulation 4 sets out the circumstances where an authority must make a direct payment.

Regulation 5 provides that a direct payment shall be made either gross or net of such amount determined by the authority as being due by the person in respect of the service. It also provides that in certain cases a payment may only be made gross. It provides that a payment may be paid to the prescribed person or to such other person nominated by that person.

Regulation 6 specifies conditions which shall or which may be made in respect of direct payments. In particular it prohibits a direct payment from being used to secure a service from certain persons, except in specified circumstances.

Regulation 7 sets out the maximum periods of residential accommodation which may be secured by means of a direct payment.

Regulation 8 provides that where an authority makes a direct payment it retains the functions as respects the provision of the service. It also provides that an authority shall not be under any obligation with respect to the provision of the service provided they are satisfied that the needs of the person will be secured by his own arrangements.

Regulation 9 sets out the circumstances where an authority may require a direct payment to be repaid.

Regulation 10 provides for the circumstances where an authority shall, or may, terminate direct payments.

Regulation 11 and the Schedules make amendments to various regulations pursuant to the enactment of these Regulations.

Regulation 12 revokes various regulations.

These regulations do not impose costs on business.