The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009

Amount and payment of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act

9.—(1) Subject to paragraphs (3) and (4), a direct payment under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act shall be made as a gross payment(1) unless the responsible authority decide it shall be made as a net payment(2).

(2) For the purpose of making the payment referred to in paragraph (1), the responsible authority shall determine, having regard to the prescribed person’s means, what amount or amounts (if any) it is reasonably practicable for the prescribed person to pay towards securing the provision of the relevant service (whether by way of reimbursement as mentioned in section 57(4) of the 2001 Act or by way of a contribution as mentioned in section 57(5) of that Act)(3).

(3) Where the relevant service is one which, apart from these Regulations, would be provided under section 117 of the 1983 Act(4) (after-care)—

(a) the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and

(b) subsection (4)(b) of that section shall not apply.

(4) Where a direct payment is made to a person falling within section 17A(5) of the 1989 Act—

(a) the payment shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act; and

(b) subsection (4)(b) of that section shall not apply.

(5) The payment referred to in paragraph (1) may be made to—

(a) the prescribed person; or

(b) a person nominated by the prescribed person to receive the payment on their behalf.

(1)

See section 57(4) of the 2001 Act, as amended by section 146(4) of the 2008 Act, for the definition of “gross payments”.

(2)

See section 57(5) of the 2001 Act, as amended by section 146(5) of the 2008 Act, for the definition of “net payments”.

(3)

Subsection (3) of section 17A of the 1989 Act applies subsections (3) to (5) of section 57 of the 2001 Act to regulations made under section 17A of the 1989 Act.

(4)

Section 117 was amended by paragraph 107 of Schedule 1 to the Health Authorities Act 1995 (c.17), by paragraph 15 of Schedule 1 to the Mental Health (Patients in the Community) Act 1995 (c.52), by paragraph 12 of Schedule 4 to the Crime (Sentences) Act 1997 (c.43), by paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002 (c.17), by paragraph 24 of Schedule 3 to the Mental Health Act 2007 and by S.I. 2007/961.