The National Health Service (Direct Payments) Regulations 2010

Conditions applying to the making of direct payments by the Secretary of State or an after-care PCT

13.—(1) Where the Secretary of State or an after-care PCT has decided to make direct payments to or in respect of a patient, the Secretary of State or an after-care PCT may only make the payments into an account approved by the Secretary of State or after-care PCT for the benefit of the patient if they are satisfied that the requirements in paragraphs (2), (3) and (5) are met.

(2) The account mentioned at paragraph (1) must be capable of—

(a) providing for monies paid into the account to be held only for the purposes of securing services by means of—

(i) direct payments under these Regulations,

(ii) direct payments to secure relevant services for social care,

(iii) payments made by the Independent Living Fund (2006)(1), or

(iv) other payments to secure relevant services for a disabled person; and

(b) being audited (by reference to statements setting out the source of monies deposited and the destination of monies withdrawn) by—

(i) the Secretary of State or after-care PCT, or

(ii) anyone authorised in writing by the Secretary of State or after-care PCT.

(3) The account mentioned in paragraph (1) must be—

(a) accessible only by named persons approved by the Secretary of State or after-care PCT;

(b) used only to hold monies paid into the account by way of the payments mentioned in paragraph (2)(a).

(4) The Secretary of State or an after-care PCT may require a patient, representative or nominee to provide the Secretary of State or the after-care PCT with access to information about an account into which a direct payment is, or may be, made.

(5) The Secretary of State or after-care PCT must ensure that an account mentioned in paragraph (1) is subject to arrangements or procedures that the Secretary of State or after-care PCT considers adequate to—

(a) enable the monitoring and review mentioned in regulation 17(1)(a) and (6)(c) to be carried out; and

(b) ensure that direct payments paid into it will be used only for services agreed in a patient’s care plan.

(1)

The Independent Living Fund (2006) is an Executive Non-Departmental Public Body of the Department for Work and Pensions set up as a national resource dedicated to the financial support of disabled people. It provides discretionary cash payments directly to disabled people. Its operations are governed by a Deed dated 10th April 2006 between the Secretary of State for Work and Pensions and the Original Trustees, amended by Deeds dated 21st August 2007, 1st October 2007, 31st March 2008 and 31st March 2009 and from time to time by the Secretary of State for Work and Pensions.