146 Direct payments in lieu of provision of care services
Health and Social Care Act 2008 (2008 c 14) | Legislation

146  Direct payments in lieu of provision of care services

(1)     Section 57 of the Health and Social Care Act 2001 (c 15) (regulations may require or authorise direct payments to a person, with the person's consent, in respect of the person securing the provision to the person of certain care services) is amended as follows.

(2)     After subsection (1) insert—

“(1A)     Regulations may make provision for and in connection with requiring or authorising the responsible authority in the case of a person (“P”) of a prescribed description—

(a)     who falls within subsection (2)(a), and

(b)     who falls within subsection (5A) or is reasonably believed by the authority to fall within that subsection,

to make, with the requisite consent, such payments as the authority may determine in accordance with the regulations to a suitable person other than P in respect of the other person's securing the provision for P of the service mentioned in subsection (2)(a).

(1B)     In subsection (1A) “the requisite consent” means—

(a)     the consent of the other person; and

(b)     where the other person is not a surrogate of P but there is at least one person who is a surrogate of P, the consent

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