PART 4MEETING NEEDS
Direct payments
51Direct payments to meet a child's needs
(1)
Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a child's needs for care and support under section 37, 38 or 39.
(2)
But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met.
(3)
Condition 1 is that the payments are to be made to a person (“P”) who is—
(a)
a person with parental responsibility for a child who has needs for care and support, or
(b)
a child who has needs for care and support.
(4)
Condition 2 is that—
(a)
where P is an adult or a child aged 16 or 17, P has, or the local authority believes that P has, capacity to consent to the making of the payments;
(b)
where P is a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about receiving direct payments.
(5)
Condition 3 is that the local authority is satisfied that—
(a)
making the payments is an appropriate way of meeting the child's needs,
(b)
the well-being of the child will be safeguarded and promoted by the making of the payments, and
(c)
P is capable of managing the payments (either by himself or herself or with the support that is available to P).
(6)
Condition 4 is that P has consented to the making of the payments.
(7)
A payment under this section is referred to in this Act as a “direct payment”.