http://www.legislation.gov.uk/id/uksi/2010/1000

http://www.legislation.gov.uk/uksi/2010/1000/regulation/16/made

The National Health Service (Direct Payments) Regulations 2010

National Health Service (NHS)

Care for disabled people

Care

Health and social care professionals

Mental health trusts

King's Printer of Acts of Parliament

2020-08-06

NATIONAL HEALTH SERVICE, ENGLAND

These Regulations enable the Secretary of State for Health to make pilot schemes in accordance with which direct payments may be made to secure the provision of certain health services under the National Health Service Act 2006 or the Mental Health Act 1983.

The National Health Service (Direct Payments) Regulations 2010

Regulations

The National Health Service (Direct Payments) Regulations 2013

reg. 20

reg. 19

reg. 1

The National Health Service (Direct Payments) Regulations 2010

reg. 4(5)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 154(5)(e)

Sch. 3

para. 22

art. 1(2)

The National Health Service (Direct Payments) Regulations 2010

reg. 16(1)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 154(16)(a)

Sch. 3

para. 22

art. 1(2)

The National Health Service (Direct Payments) Regulations 2010

reg. 16(2)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 154(16)(b)

Sch. 3

para. 22

art. 1(2)

The National Health Service (Direct Payments) Regulations 2010

reg. 16(3)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 154(16)(c)

Sch. 3

para. 22

art. 1(2)

The National Health Service (Direct Payments) Regulations 2010

reg. 16(4)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 154(16)(d)

Sch. 3

para. 22

art. 1(2)

The National Health Service (Direct Payments) Regulations 2010

reg. 16(5)

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Sch. 2

para. 154(16)(e)

Sch. 3

para. 22

art. 1(2)

PART 3Direct Payments

Amount of direct payment16

1

The Secretary of State or an after-care PCT must ensure that the amount of the direct payments paid to or in respect of a patient is sufficient to provide for the full cost of each of the services specified in the care plan.

2

Where the Secretary of State or after-care PCT is notified, or becomes aware, that the state of health of the patient has changed significantly, but in the view of the Secretary of State or after-care PCT a review mentioned in regulation 17 is not necessary, the Secretary of State or after-care PCT must be satisfied that the amount of the direct payments continues to be sufficient in accordance with paragraph (1).

3

The Secretary of State or an after-care PCT may at any time increase or reduce the amount of the direct payments if satisfied that the new amount is sufficient in accordance with paragraph (1).

4

The Secretary of State or after-care PCT may reduce the amount paid by way of direct payments by an amount not exceeding the amount due in respect of a period for which payment falls to be made where—

a

direct payments have accumulated and remain unused; and

b

the Secretary of State or after-care PCT considers that it is reasonable to offset the monies accumulated against the outstanding amount to be paid for that period.

5

Where the Secretary of State or after-care PCT decides to reduce the amount of the direct payments, the Secretary of State or after-care PCT must provide reasonable notice in writing to the patient, representative or nominee stating the reasons for the decision.