The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011

Termination of direct payments under section 57(1A) of the 2001 Act

19.—(1) A responsible authority must stop making direct payments under section 57(1A) of the 2001 Act to S if—

(a) the person in respect of whom the payments are made (“the beneficiary”) (“y buddiolwr”) ceases to—

(i) fall within the description of persons prescribed by regulation 4, or

(ii) fall within section 57(2)(a) of the 2001 Act; or

(b) the responsible authority is no longer satisfied of any of the matters listed in regulation 9(5).

(2) Subject to paragraphs (4) and (5), a responsible authority must stop making direct payments under section 57(1A) of the 2001 Act to S if the beneficiary no longer falls within section 57(5A) of the 2001 Act or is reasonably believed by the responsible authority no longer to fall within that section.

(3) A responsible authority may stop making the whole or part of the direct payments to S if any condition imposed under regulation 13 or referred to in section 57(4)(b) of the 2001 Act is not complied with.

(4) A responsible authority may continue to make direct payments under section 57(1A) of the 2001 Act to S notwithstanding that the beneficiary ceases to fall within section 57(5A) of the 2001 Act, if—

(a) the authority is reasonably satisfied that the beneficiary’s capacity to consent to the making of direct payments will be temporary; and

(b) the direct payments are made subject to the additional condition that S will allow the beneficiary to manage the direct payments themselves for any period in respect of which the responsible authority is satisfied that the beneficiary has capacity to consent to the making of direct payments and is capable of managing such payments.

(5) Where paragraph (2) applies and a responsible authority reasonably believes that the beneficiary’s capacity to consent is not temporary, before terminating payments under section 57(1A), the authority must consult the beneficiary with regard to whether the beneficiary consents to the making of direct payments under section 57(1) of the 2001 Act.

(6) Subject to paragraph (7), direct payments under section 57(1A) may not be terminated under paragraph (2) until direct payments under section 57(1) of the 2001 Act are made where, in accordance with paragraph (5), the beneficiary consents to direct payments under section 57(1) of the 2001 Act, if the beneficiary—

(a) is a prescribed person;

(b) falls within section 57(2)(a) of the 2001 Act; and

(c) the condition in regulation 8(2)(a) is met.

(7) Nothing in paragraph (6) affects the responsible authority’s discretion not to make direct payments under section 57(1) of the 2001 Act under regulation 8(1)(a) or (b).