The National Health Service (Direct Payments) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the making of direct payments for health care to secure the provision of certain health services under the National Health Service Act 2006 (“the 2006 Act”) by a clinical commissioning group (CCG), the Board, a local authority or the Secretary of State, or in the case of a CCG or the Board, under any other enactment.

The National Health Service (Direct Payments) (Repeal of Pilot Schemes Limitation) Order 2013 (S.I. 2013/1563) removes the previous pilot schemes limitation by repealing sections 12A(6) and 12C(1) to (4) of the 2006 Act.

Part 2 of these Regulations makes provision in respect of direct payments. Regulations 3 to 5 specify the persons to, or in respect of whom, direct payments may be made, and the Schedule specifies the persons excluded from direct payments. Regulation 6 provides for the nomination of a person (nominee) to receive direct payments on a patient’s behalf. A decision to make a direct payment must be made in accordance with regulation 7.

Regulation 8 sets out the requirements in relation to the preparation of a care plan for a patient and regulation 9 provides for the provision of information, advice or support in connection with the making of a direct payment. The conditions that apply to the making of a direct payment are set out in regulation 10, and regulation 11 sets out the conditions to be complied with by the patient, and any representative or nominee. Regulation 13 makes provision in relation to the amount of a direct payment.

Monitoring and review of direct payments is provided for in regulation 14. Regulations 15 to 17 provide for the repayment, recovery and stopping of direct payments.

Part 3 contains an amendment to the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 (S.I. 2000/617) providing for the making of direct payments to be an NHS function for the purposes of partnership arrangements under those regulations (regulation 18).

Part 4 makes transitional provision in respect of matters that are on-going in relation to pilot schemes immediately before 1st August 2013 (regulation 19). Part 4 also revokes the National Health Service (Direct Payments) Regulations 2010 (S.I. 2010/1000) (regulation 20) which underpinned the making of pilot schemes in accordance with which direct payments for health care could be made prior to the repeal of sections 12A(6) and 12C(1) to (4) of the 2006 Act.

An impact assessment has not been produced for this instrument as the instrument itself has no impact on the private sector or the voluntary sector. A full impact assessment has been produced in relation to the direct payments for healthcare consultation 2013 and a copy is available at http://www.dh.gov.uk/health/2013/03/direct-payments-consultation/.