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

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Duty to make direct payments

5.—(1) If the conditions in paragraph (3) are satisfied, a responsible authority must make in respect of —

(a)a prescribed person under regulation 3 who falls within paragraph (2)(a) or (c) of that regulation;

(b)at 1 March 2005 and thereafter, a prescribed person under regulation 3 who falls within paragraph (2)(b) of that regulation; and

(c)a prescribed person under regulation 4;

such payments (“direct payments”) as are determined in accordance with regulation 6 in respect of his or her securing the provision of a relevant service.

(2) In these Regulations a relevant service means —

(a)a community care service within the meaning of section 46 of the National Health Service and Community Care Act 1990(1); or

(b)a service under section 2 of the Carers and Disabled Children Act 2000(2); or

(c)a service which may be provided in the exercise of functions under section 17 of the 1989 Act (provision of services for children in need, their families and others).

(3) The conditions are that —

(a)the responsible authority are satisfied that the person’s needs for the relevant service can be met by securing the provision of it by means of a direct payment; and

(b)in the case of a relevant service mentioned in paragraph (2)(c), the responsible authority are satisfied that the welfare of the child in respect of whom the service is needed will be safeguarded or promoted by securing the provision of it by means of a direct payment.

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