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The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011

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

18.—(1) Subject to paragraph (3), a responsible authority must stop making direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act to a person if—

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

(b)a condition mentioned in regulation 8(2) ceases to be met.

(2) A responsible authority may stop making the whole or part of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act to a prescribed person if—

(a)any condition imposed under regulation 12 or referred to in section 57(4)(b) of the 2001 Act is not complied with; or

(b)in all the circumstances the responsible authority considers it appropriate to stop the making of direct payments.

(3) A responsible authority may continue to make direct payments to a person who ceases to satisfy regulation 3(b) who would otherwise be a prescribed person if—

(a)the authority is reasonably satisfied that that person’s lack of capacity to consent will be temporary;

(b)another person who appears to the responsible authority to be capable of managing a direct payment is prepared to accept and manage such payments on behalf of that person during the period of their incapacity; and

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

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