The National Health Service (Direct Payments) Regulations 2010

Nominated person

9.—(1) The following persons may nominate another person (a “nominee”) to receive a direct payment on the patient’s behalf—

(a) a patient with capacity to consent to the making of a direct payment who is not a child;

(b) the representative of a patient who is a donee, deputy, attorney or person with parental responsibility for the patient mentioned in the definition of “representative” in regulation 1(2); or

(c) in a case where regulation 8(7) applies, the Secretary of State or after-care PCT.

(2) If a patient who lacks capacity to consent to the making of a direct payment to them has indicated in advance of losing capacity a wish to have another person nominated to receive direct payments on the patient’s behalf, that other person shall be a nominee.

(3) A nominee to whom a direct payment is made in respect of a patient must—

(a) be responsible as a principal for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payment;

(b) use the direct payment in accordance with the care plan; and

(c) comply with the provisions of these Regulations.

(4) Before making a direct payment to a nominee—

(a) the nominee must agree to receive the direct payment in respect of the patient; and

(b) the Secretary of State or an after-care PCT must agree to the making of the direct payment to the nominee.

(5) If the person who has nominated a nominee pursuant to paragraph (1) notifies the Secretary of State or an after-care PCT in writing that they wish to withdraw or change the nomination, the Secretary of State or after-care PCT must consider whether to—

(a) stop making the direct payments; and

(b) as soon as reasonably possible review the making of the direct payments in accordance with regulation 17.