PART 3

Regulation of health and adult social care services
CHAPTER 6

Financial assistance in special administration cases

Applications for financial assistance

Applications
136
1
Monitor may, on an application by a special administrator, provide financial assistance to the special administrator by using a mechanism established under section 134.
2
An application under this section must be in such form, and must be supported by such evidence or other information, as Monitor may require (and a requirement under this subsection may be imposed after the receipt, but before the determination, of the application).
3
If Monitor grants an application under this section, it must notify the applicant of—
a
the purpose for which the financial assistance is being provided, and
b
the other conditions to which its provision is subject.
4
The special administrator must secure that the financial assistance is used only—
a
for the purpose notified under subsection (3)(a), and
b
in accordance with the conditions notified under subsection (3)(b).
5
Financial assistance under this section may be provided only in the period during which the provider in question is in special administration.
6
If Monitor refuses an application under this section, it must notify the applicant of the reasons for the refusal.
7
Monitor must, on a request by an applicant whose application under this section has been refused, reconsider the application; but no individual involved in the decision to refuse the application may be involved in the decision on the reconsideration of the application.
8
For the purposes of reconsidering an application, Monitor may request information from the applicant.
9
Monitor must notify the applicant of its decision on reconsidering the application; and—
a
if Monitor grants the application, it must notify the applicant of the matters specified in subsection (3), and
b
if Monitor refuses the application, it must notify the applicant of the reasons for the refusal.
10
In this Chapter—
a
“special administrator” means—
i
a person appointed as a health special administrator under Chapter 5, or
ii
a person appointed as a trust special administrator under section 65D(2) of the National Health Service Act 2006, and
b
references to being in special administration are to be construed accordingly.