F1SCHEDULE A1Direct payments: after-care under the Mental Health Act 1983

Annotations:

Modifications to section 53

10

In subsection (1) of section 53—

a

in the opening words, for “50, 51 or 52” substitute “ 50 or 51 ” ,

b

omit paragraphs (a), (b) and (c),

c

in paragraph (i), for “a local authority's duty or power to meet a person's needs for care and support or a carer's needs for support is displaced” substitute “ a local authority's duty under section 117 of the Mental Health Act 1983 (after-care) is discharged ” , and

d

in paragraph (k), for “50 to 52” substitute “ 50 and 51 ” .

11

Omit subsections (2) to (8) of that section.

12

After subsection (8) of that section insert—

8A

Regulations under sections 50 and 51 must specify that direct payments to meet the cost of providing or arranging for the provision of after-care services under section 117 of the Mental Health Act 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of those services to meet those needs.

13

In subsection (9) of that section—

a

for “, 51 or 52” substitute “ or 51 ” , and

b

for “care and support (or, in the case of a carer, support)” substitute “ after-care services ” .

14

In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to meet needs” substitute “ after-care services ”.