Community Care (Direct Payments) Regulations 1997

JurisdictionUK Non-devolved
CitationSI 1997/734

1997 No. 734

SOCIAL SERVICES, ENGLAND AND WALES

The Community Care (Direct Payments) Regulations 1997

Made 11th March 1997

Laid before Parliament 11th March 1997

Coming into force 1st April 1997

The Secretary of State for Health, in exercise of the powers conferred by section 1(1)(b), (4) and (5) of the Community Care (Direct Payments) Act 19961and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Care (Direct Payments) Regulations 1997 and shall come into force on 1st April 1997.

(2) In these Regulations—

the Act” means the Community Care (Direct Payments) Act 1996;

“the 1983 Act” means the Mental Health Act 19832; and

the 1984 Act” means the Mental Health (Scotland) Act 19843.

S-2 Persons to whom direct payments may be made

Persons to whom direct payments may be made

2.—(1) Subject to paragraph (2), a person—

(a)

(a) to whom section 29 of the National Assistance Act 19484applies, and

(b)

(b) who appears to the authority to be capable of managing a direct payment by himself or with assistance,

is specified for the purposes of section 1(1)(b) of the Act.

(2) Paragraph (1) does not apply to a person—

(a)

(a) aged 65 or over unless a payment was made to him under section 1 of the Act in the period of twelve months which ended on the day before his sixty-fifth birthday;

(b)

(b) who is required to submit to treatment for his mental condition or for his drug or alcohol dependency by virtue of a requirement of—

(i) a probation order within the meaning of section 2 of the Powers of Criminal Courts Act 19735; or

(ii) a combination order within the meaning of section 11 of the Criminal Justice Act 19916;

(c)

(c) who is released on licence under section 37 of the Criminal Justice Act 1991 subject to a condition that he submit to treatment for his mental condition or for his drug or alcohol dependency;

(d)

(d) who is placed under guardianship in pursuance of—

(i) an application made in accordance with section 7 of the 1983 Act; or

(ii) an order made under section 37 of that Act;

(e)

(e) who is absent from hospital with leave given in accordance with section 17 of the 1983 Act;

(f)

(f) who is subject to after-care under supervision (which expression shall be construed in accordance with section 25A of the 1983 Act7);

(g)

(g) in respect of whom there is in force a condition imposed in accordance with section 42(2) or 73(4) (including such a condition which has been varied in accordance with section 73(5) or 75 (3)) of the 1983 Act;

(h)

(h) in respect of whom there is in force a supervision and treatment order within the meaning given by Part I of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 19918;

(i)

(i) who is a patient subject to after-care under a community care order under section 35A of the 1984 Act9;

(j)

(j) who is a patient who is absent from hospital on leave under section 27 of the 1984 Act;

(k)

(k) who is a patient subject to guardianship under section 37 of the 1984 Act;

(l)

(l) who is a restricted patient within the meaning of section 63(1) of the 1984 Act who has been given a conditional discharge under section 64 or 68 of that Act; or

(m)

(m) who is subject to an order of a court under sections 57(2)(a), (b), (c) or (d) or 58, or 58 and 59 of the Criminal Procedure (Scotland) Act 199510or who is required to submit to treatment for his mental condition or for his drug and alcohol dependency by virtue of a requirement of a probation order in terms of sections 228 to 230 of that Act; or

(n)

(n) who is released on licence under section 22 or 26 of the Prisons (Scotland) Act 198911or under section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 199312and is subject to a condition that he submits to treatment for his mental condition or for his drug or alcohol dependency.

S-3 Persons from whom services may not be secured by means of a direct payment

Persons from whom services may not be secured by means of a direct payment

3. The following persons are specified for the purposes of section 1(4) of the Act—

(a) the spouse of the payee;

(b) a person who lives with the payee as his spouse;

(c) a person living in the same household as the payee who is the payee’s—

(i) parent or parent-in-law;

(ii) son or daughter;

(iii) son-in-law or daughter-in-law;

(iv) stepson or stepdaughter;

(v) brother or sister;

(vi) aunt or uncle; or

(vii) grandparent;

(d) the spouse of any person specified in sub-paragraph (c) who lives in the same household as the payee; and

(e) a person who lives with any...

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