(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a carer’s needs for support under section 40, 42 or 45.
(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 the carer who has needs for support (“C”).
(4)Condition 2 is that—
(a)where C is an adult or a child aged 16 or 17, C has, or the local authority believes that C has, capacity to consent to the making of the payments;
(b)where C is a child aged under 16, the local authority is satisfied that C 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 C’s needs, and
(b)C is capable of managing the payments (either by himself or herself or with the support that is available to C).
(6)Condition 4 is that C has consented to the making of the payments.
(7)A payment under this section is referred to in this Act as a “direct payment”.