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The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012 No. 206

Monitoring and review of direct payments

This section has no associated Explanatory Memorandum

15.—(1) The local authority must monitor the use of direct payments by persons to whom direct payments are made.

(2) The local authority must review the making and use of direct payments whenever any changes are made in relation to the qualifying goods and services and, in any event—

(a)at least once within the first three months of direct payments being made in respect of a beneficiary;

(b)at the end of the period of one year of direct payments being made; and

(c)thereafter at appropriate intervals.

(3) Where the local authority is notified or becomes aware of a change in the circumstances of the beneficiary which may affect whether the amount of the direct payments is sufficient to secure the agreed provision, it must consider whether that amount is sufficient.

(4) Where the local authority is satisfied that the amount of the direct payments is not sufficient to secure the full cost of the agreed provision, it must increase the amount of the direct payments to ensure that the amount is sufficient to secure the full cost.

(5) When carrying out a review under sub-paragraph (2) the local authority must consider whether—

(a)it continues to be appropriate to secure the agreed provision by means of direct payments;

(b)the direct payments have been used effectively;

(c)the amount of the direct payments continues to be sufficient to secure the agreed provision;

(d)it is still satisfied as to the matters set out in paragraph 11; and

(e)the person receiving the direct payments has complied with the obligations imposed on them under Part 3.

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