Direct Payment legislation change 2009
All LAs will need to review their local Direct Payment Guidance, in light of the revised national guidance on direct payments for community care, services for carers and children's services. This reflects recent legislative changes due to come into force in November 2009 that extends direct payments to previously excluded groups. The guidance aims to assist local councils in managing and administering direct payments, and replaces guidance issued in 2003. A user guide is also available.
View and download the guidance at:
The legislation extends the current system of direct payments to include people who lack the capacity within the meaning of the Mental Capacity Act
2005 ('capacity') to consent to the making of direct payments and to remove the exclusions which currently apply to people who are subject to various provisions of mental health legislation, particularly the Mental Health Act
1983 ('the 1983 Act'), and to provisions of criminal justice legislation relating to mental disorder.