Care Act 2014

PART 1 After-care under the Mental Health Act 1983: direct payments

1 (1) Sections 31 (adults with capacity to request direct payments), 32 (adults without capacity to request direct payments) and 33 (direct payments: further provision) apply in relation to section 117 of the Mental Health Act 1983 but as if the following modifications were made to those sections.

(2) For subsection (1) of section 31, substitute—

“(1) This section applies where an adult to whom section 117 of the Mental Health Act 1983 (after-care) applies requests the local authority to make payments to the adult or a person nominated by the adult that are equivalent to the cost of providing or arranging for the provision of after-care services for the adult under that section.”

(3) In subsection (5) of that section—

(a) in paragraph (a), for “meeting the adult’s needs” substitute “discharging its duty under section 117 of the Mental Health Act 1983”, and

(b) in paragraph (b), for “to meet the adult’s needs” substitute “to discharge its duty under that section”.

(4) In subsection (7) of that section, for “to meet the needs in question” substitute “to discharge its duty under section 117 of the Mental Health Act 1983”.

(5) For subsection (1) of section 32, substitute—

“(1) This section applies where—

(a) an adult to whom section 117 of the Mental Health Act 1983 (after-care) applies lacks capacity to request the local authority to make payments equivalent to the cost of providing or arranging for the provision of after-care services for the adult under that section, and

(b) an authorised person requests the local authority to make such payments to the authorised person.”

(6) In subsection (4)(a) of that section, for “the adult’s needs for care and support” substitute “the provision to the adult of after-care services under section 117 of the Mental Health Act 1983”.

(7) In subsection (6) of that section—

(a) in paragraph (a), for “meeting the adult’s needs” substitute “discharging its duty under section 117 of the Mental Health Act 1983”, and

(b) in paragraph (b), for “to meet the adult’s needs” substitute “to discharge its duty under that section”.

(8) In subsection (7) of that section, for “the provision of the care and support” substitute “the provision of after-care services under section 117 of the Mental Health Act 1983”.

(9) In subsection (9) of that section, for “to meet the needs in question” substitute “to discharge its duty under section 117 of the Mental Health Act 1983”.

(10) In subsection (2)(a) of section 33, for “meet needs” substitute “discharge its duty under section 117 of the Mental Health Act 1983”.

(11) For subsection (3) of that section, substitute—

“(3) A direct payment is made on condition that it be used only to pay for arrangements under which after-care services for the adult are provided under section 117 of the Mental Health Act 1983.”