Social Services and Well-being (Wales) Act 2014

[F1 51 Direct payments: conditions for payment to meet a child’s needs E+W

(1) The conditions referred to in section 49A(2)(b) in relation to making direct payments towards the cost of meeting the needs of a child (“C”) under section 37, 38 or 39 are as follows.

(2) Condition 1 is that—

(a) the payments are to be made to a person (“P”) who is—

(i) C, or

(ii) a person with parental responsibility for C,

(b) where P is—

(i) an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;

(ii) a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to receive the payments,

(c) the local authority is satisfied that—

(i) making the payments is an appropriate way of meeting C’s needs,

(ii) C’s well-being will be safeguarded and promoted by the making of the payments, and

(iii) P is capable of managing the payments (either by themselves or with the support that is available to them), and

(d) P has consented to the making of the payments.

(3) Condition 2 is that—

(a) the payments are to be made to a person who is nominated by P (“N”),

(b) where P is—

(i) an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;

(ii) a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to the making of the payments,

(c) the local authority is satisfied that—

(i) making the payments is an appropriate way of meeting C’s needs,

(ii) the well-being of C will be safeguarded and promoted by the making of the payments,

(iii) N will act in C’s best interests in managing the payments, and

(iv) N is capable of managing the payments (either by themselves or with the support that is available to them),

(d) P has consented to the making of the payments, and

(e) N has consented to receive the payments.]

Textual Amendments

F1 Ss. 50-52 substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 20(2)(b), 29(2); S.I. 2025/1257, art. 3(2)(e)