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3.—(1) Where a local authority has—
(a)served a copy of a statement or an amended statement of special educational needs in accordance with paragraph 6 of Schedule 27 to the 1996 Act; or
(b)carried out an assessment of a beneficiary’s learning difficulties in accordance with section 139A of the 2000 Act, and has prepared the written report referred to in section 139B(3) of the 2000 Act(1),
the authority must provide P with information and advice about direct payments under section 532A(1) of the 1996 Act and if P requests the authority to consider making a direct payment under that section, the authority must consider that request.
(2) In this paragraph P means—
(a)the parent of a beneficiary where the beneficiary has not yet attained the age of 16;
(b)the beneficiary where the beneficiary has attained the age of 16 and has capacity to consent to the making of direct payments to them; or
(c)a representative.
Section 139B was inserted by section 80 of the 2008 Act and amended by S.I. 2010/1158.
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