- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: