The National Health Service (Direct Payments) (Amendment) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Direct Payments) Regulations 2013 (S.I.2013/1617).

Those 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 (c.41) by a health body (a clinical commissioning group (“CCG”), the National Health Service Commissioning Board (“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 amendments at regulation 2(2) ensure that a care plan may only provide for a family member or a friend who lives with the patient to provide a service to be funded by the direct payment if it is necessary to meet the patient’s needs or to promote the welfare of a child patient. This limitation currently applies to any family member or friend and to others living with the patient.

The amendments at regulation 2(3)(a) and (b) relate to direct payments which are paid into managed accounts (accounts held by persons or organisations appointed by the patient, representative or nominee, both to hold the direct payment on their behalf and to apply the payment in accordance with their instructions). Those amendments ensure that the strict conditions as to what the monies in the account may be used for and who the account is accessible by do not apply.

Regulation 2(3)(c) and (4) make consequential amendments.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.