The Special Educational Needs (Personal Budgets) Regulations 2014
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Change 1
13 Repayment and recovery of direct payments
(1) A local authority may require the recipient to repay part or all of the direct payments, where— (a) the circumstances of the child or young person have changed in a manner which has an impact on the appropriateness of the agreed provision; (b) all or part of the direct payments have not been used to secure the agreed provision; (c) theft, fraud or another offence may have occurred in connection with the direct payments; (d) the child or young person has died. (2) The local authority may only seek repayment of any portion of the direct payments that has not already been spent on the agreed provision. (3) Where a local authority decides that all or part of the direct payments must be repaid, the local authority must give notice in writing to the recipient, setting out— (a) the reasons for the decision; (b) the amount to be repaid; and (c) a reasonable timescale within which the amount must be repaid. (4) The local authority must reconsider its decision where requested to do so by the recipient. (5) When conducting its reconsideration, the local authority must consider the representations made by the recipient (and where the recipient is a nominee, any representations made by the child's parent or young person) and must then provide written reasons of its decision following the reconsideration to the recipient (and to the child's parent or young person, where the recipient is a nominee). (6) Where the local authority determines that direct payments must be repaid, then the written reasons must include the information in paragraphs (3)(b) and (c). (7) The local authority may not be required to undertake more than one reconsideration of a decision under paragraph (1). (8) Where the local authority requires all of part of the direct payments to be repaid, that sum may be recovered as a debt due to the local authority.
13 Repayment and recovery of direct payments
(1) A local authority may require the recipient to repay part or all of the direct payments, where— (a) the circumstances of the child or young person have changed in a manner which has an impact on the appropriateness of the agreed provision; (b) all or part of the direct payments have not been used to secure the agreed provision; (c) theft, fraud or another offence may have occurred in connection with the direct payments; (d) the child or young person has died. (2) The local authority may only seek repayment of any portion of the direct payments that has not already been spent on the agreed provision. (3) Where a local authority decides that all or part of the direct payments must be repaid, the local authority must give notice in writing to the recipient, setting out— (a) the reasons for the decision; (b) the amount to be repaid; and (c) a reasonable timescale within which the amount must be repaid. (4) The local authority must reconsider its decision where requested to do so by the recipient. (5) When conducting its reconsideration, the local authority must consider the representations made by the recipient (and where the recipient is a nominee, any representations made by the child's parent or young person) and must then provide written reasons of its decision following the reconsideration to the recipient (and to the child's parent or young person, where the recipient is a nominee). (6) Where the local authority determines that direct payments must be repaid, then the written reasons must include the information in paragraphs (3)(b) and (c). (7) The local authority may not be required to undertake more than one reconsideration of a decision under paragraph (1). (8) Where the local authority requires all of part of the direct payments to be repaid, that sum may be recovered as a debt due to the local authority.
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