The Care and Support (Direct Payments) Regulations 2014
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Change 1
5 Steps which a local authority must take before making a direct payment under section 32 of the Act
(1) A local authority must take the steps in paragraph (2) before it can be satisfied that condition 5 in section 32 of the Act is met (the local authority to be satisfied that making direct payments to the authorised person is an appropriate way to meet the needs in question). (2) The steps referred to in paragraph (1) are that the authority must— (a) so far as is reasonably practicable and appropriate, consult and take into account the views of— (i) anyone named by the adult as someone to be consulted on the matter of whether direct payments should be made to the authorised person; (ii) anyone engaged in caring for the adult or interested in the adult’s welfare; and (iii) any person who is authorised under the Mental Capacity Act 2005 to make decisions about the adult’s needs for care and support; and (b) so far as is reasonably ascertainable, consider— (i) the adult’s past and present wishes and feelings (and, in particular, any relevant written statement made by the adult when the adult had capacity to request the local authority to meet his or her needs by making direct payments); (ii) the beliefs and values that would be likely to influence the adult’s decision if the adult had such capacity; and (iii) other relevant factors that the adult would be likely to consider if he or she were able to do so; and (c) obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997— (i) in respect of the authorised person if he or she is an individual who is neither a person mentioned in regulation 3(3) nor a friend of the adult who is involved in the provision of care for the adult; and (ii) (in a case where the authorised person is a body corporate or an unincorporated body of persons) in respect of the individual who will, on behalf of that body, have overall responsibility for the day to day management of the adult’s direct payments.
5 Steps which a local authority must take before making a direct payment under section 32 of the Act
(1) A local authority must take the steps in paragraph (2) before it can be satisfied that condition 5 in section 32 of the Act is met (the local authority to be satisfied that making direct payments to the authorised person is an appropriate way to meet the needs in question). (2) The steps referred to in paragraph (1) are that the authority must— (a) so far as is reasonably practicable and appropriate, consult and take into account the views of— (i) anyone named by the adult as someone to be consulted on the matter of whether direct payments should be made to the authorised person; (ii) anyone engaged in caring for the adult or interested in the adult’s welfare; and (iii) any person who is authorised under the Mental Capacity Act 2005 to make decisions about the adult’s needs for care and support; and (b) so far as is reasonably ascertainable, consider— (i) the adult’s past and present wishes and feelings (and, in particular, any relevant written statement made by the adult when the adult had capacity to request the local authority to meet his or her needs by making direct payments); (ii) the beliefs and values that would be likely to influence the adult’s decision if the adult had such capacity; and (iii) other relevant factors that the adult would be likely to consider if he or she were able to do so; and (c) obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997— (i) in respect of the authorised person if he or she is an individual who is neither a person mentioned in regulation 3(3) nor a friend of the adult who is involved in the provision of care for the adult; and (ii) (in a case where the authorised person is a body corporate or an unincorporated body of persons) in respect of the individual who will, on behalf of that body, have overall responsibility for the day to day management of the adult’s direct payments.
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