PART 4MEETING NEEDS

Direct payments

I151Direct payments to meet a child's needs

1

Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a child's needs for care and support under section 37, 38 or 39.

2

But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met.

3

Condition 1 is that the payments are to be made to a person (“P”) who is—

a

a person with parental responsibility for a child who has needs for care and support, or

b

a child who has needs for care and support.

4

Condition 2 is that—

a

where P is an adult or a child aged 16 or 17, P has, or the local authority believes that P has, capacity to consent to the making of the payments;

b

where P is a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about receiving direct payments.

5

Condition 3 is that the local authority is satisfied that—

a

making the payments is an appropriate way of meeting the child's needs,

b

the well-being of the child will be safeguarded and promoted by the making of the payments, and

c

P is capable of managing the payments (either by himself or herself or with the support that is available to P).

6

Condition 4 is that P has consented to the making of the payments.

7

A payment under this section is referred to in this Act as a “direct payment”.