The Care and Support (Direct Payments) (Wales) Regulations 2015

Direct payments for an adult who no longer has capacity

13.—(1) A local authority need not terminate the making of direct payments under section 50 of the Act in relation to A where A is an adult to whom paragraph (2) applies and one of the circumstances in paragraph (3) applies.

(2) This paragraph applies where A is an adult in relation to whom condition 1 in subsection (3)(b) of section 50 of the Act was met because A had capacity to consent to the making of payments at the time the arrangement started, but who subsequently loses capacity.

(3) This paragraph applies where either—

(a) the local authority is satisfied that A’s loss of capacity to consent to the making of payments is temporary and either—

(i) the period or periods of loss of capacity are not likely to affect A’s ability to manage the payments; or

(ii) another person who appears to the authority to be capable of managing the payments is prepared to accept and manage the payments on behalf of A during the periods of A’s incapacity; or

(b) condition 2 in subsection (4) of section 50 of the Act is met.