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The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

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Termination of direct payments

11.—(1) Subject to paragraph (3), a responsible authority shall stop making direct payments to a person if —

(a)he ceases to be a prescribed person; or

(b)a condition mentioned in regulation 5(3) ceases to be met.

(2) A responsible authority may stop making direct payments to a prescribed person if any condition imposed by or under regulation 7 or referred to in section 57(4)(b) of the 2001 Act(1) is not complied with.

(3) Where the person in respect of whom direct payments are made ceases to be capable of managing such payments, a responsible authority may nevertheless continue to make such payments if —

(a)they are reasonably satisfied that the person’s incapability will be temporary;

(b)another person is prepared to accept and manage such payments on the incapable person’s behalf; and

(c)the person with whom the arrangement for the provision of the relevant service has been made agrees to accept payment for the services from the person mentioned in sub-paragraph (b).

(1)

Section 57(4)(b) of the 2001 Act permits the responsible authority to make a gross direct payment subject to the condition that the payee pays to it, by way of reimbursement, an amount or amounts determined under regulations. Section 17A(3) of the 1989 Act applies section 57(4)(b) to direct payments under that Act.

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