The Care and Support (Direct Payments) Regulations 2014
Conditions which must apply to the making of direct payments
3.—(1) Direct payments must be made subject to the condition that they must not be used to pay any person mentioned in paragraph (3) to meet the needs of the adult in respect of whose needs the direct payment is made.
(2) Except that, if the local authority considers it is necessary to do so, direct payments may be used to pay a person mentioned in paragraph (3)—
(a)to meet the care needs of the adult; or
(b)to provide administrative and management support or services for the purpose of enabling a person to whom the direct payments are made to—
(i)comply with legal obligations arising from the making of and use of the direct payment, or
(ii)monitor the receipt and expenditure of the direct payment.
(3) The persons referred to in paragraph (1) are—
(a)the spouse or civil partner of the adult;
(b)a person who lives with the adult as if their spouse or civil partner;
(c)a person living in the same household as the adult who is the adult’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
(d)the spouse or civil partner of any person specified in sub-paragraph (c) who lives in the same household as the adult; and
(e)a person who lives with any person specified in sub-paragraph (c) as if that person’s spouse or civil partner.
(4) A direct payment made under section 32 must be made subject to the condition that the authorised person(1) must—
(a)notify the local authority if the authorised person reasonably believes that the adult no longer lacks the capacity to request the making of direct payments; and
(b)if paragraph (5) applies, obtain—
(i)an enhanced criminal record certificate issued under section 113B (enhanced criminal record certificate) of the Police Act 1997(2), or
(ii)verification that a satisfactory certificate of that type under that Act has been obtained,
in respect of any person from whom a service in respect of which a direct payment is made is secured.
(5) This paragraph applies if the authorised person is—
(a)a body corporate;
(b)an unincorporated body of persons;
(c)an individual who is not a person mentioned in paragraph (3); or
(d)an individual who is not a friend of the adult who is involved in the provision of care for the adult. >
Conditions which may apply to the making of direct payments
4.—(1) A local authority may make a direct payment subject to other conditions.
(2) The conditions referred to in paragraph (1) may, in particular, require that—
(a)the needs may not be met by a particular person;
(b)the adult or authorised person (in the case of direct payments made under section 32 of the Act) must provide information to the authority.
(3) The conditions referred to in paragraph (1) may not require—
(a)the needs of the adult to be met by any particular person; or
(b)information to be provided to the authority—
(i)more frequently and in more detail than is reasonably required by the authority for the purpose of enabling it to ascertain that—
(aa)making direct payments is an appropriate way to meet the needs in question, or
(bb)the conditions upon which it is made are complied with, or
(ii)in a format which is not reasonably practicable for the adult or authorised person to provide. >
Analysis of the above follows as detailed in the main thread.