Prescribed descriptions of persons—community care services and services for carers2
1
For the purposes of section 57(1) of the 2001 Act a person is of a prescribed description if—
a
he is a person who appears to the responsible authority8 to be capable of managing a direct payment by himself or with such assistance as may be available to him; and
b
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person if—
a
he is required to submit to treatment for his mental condition or for his 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
he is subject to a drug treatment and testing order within the meaning of section 52 of the 2000 Act;
c
he is released on licence under section 37 of the Criminal Justice Act 19919 subject to a condition that he submit to treatment for his mental condition or for his drug or alcohol dependency;
d
he 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
he is absent from hospital with leave given in accordance with section 17 of the 1983 Act;
f
he is subject to after-care under supervision within the meaning of section 25A of the 1983 Act10;
g
there is in force in respect of him a condition imposed in accordance with section 42(2) or 73(4) (including such a condition which has been varied in accordance with section 73(5) or 75(3)) of the 1983 Act;
h
there is in force in respect of him a supervision and treatment order within the meaning of Part 1 of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 199111;
i
he is a patient subject to after-care under a community care order under section 35A of the 1984 Act12;
j
he is a patient who is absent from hospital on leave under section 27 of the 1984 Act;
k
he is a person subject to a guardianship order within the meaning of section 57 of the Adults with Incapacity (Scotland) Act 200013 by reason of, or by reasons which include, incapacity through mental disorder;
l
he is a restricted patient within the meaning of section 63(1) of the 1984 Act who has been given a conditional discharge under section 64 or 68 of that Act;
m
he is subject to an order of a court under sections 57(2)(a), (b), (c) or (d), 58 or 59 of the 1995 Act;
n
he is required to submit to treatment for his mental condition or his 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 is subject to a drug treatment and testing order within the meaning of section 234B of that Act14;