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Children Act 1989

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[F117A Direct payments.E+W

(1)Instead of providing services in the exercise of functions conferred on them by section 17, a local authority may make to a person falling within subsection (2) (if he consents) a payment of such amount as, subject to subsections (5) and (6), they think fit in respect of his securing the provision of any of the services which the local authority would otherwise have provided.

(2)The following fall within this subsection—

(a)a person with parental responsibility for a disabled child;

(b)a disabled child aged 16 or 17.

(3)A payment under subsection (1) shall be subject to the condition that the person to whom it is made shall not secure the provision of the service to which it relates by a person who is of a prescribed description.

(4)The Secretary of State may by regulations provide that the power conferred by subsection (1) is not to be exercisable in relation to the provision of residential accommodation for any person for a period exceeding a prescribed period.

(5)Except as mentioned in subsection (6) of this section, subsections (2) and (6) of section 1, and subsections (1) and (2) of section 2, of the M1Community Care (Direct Payments) Act 1996 apply in relation to payments under subsection (1) as they apply in relation to payments under section 1(1) of that Act, but as if—

(a)the reference to “subsection (4)" in section 1(6)(b) of that Act were a reference to subsection (3) of this section; and

(b)the references to “the relevant community care enactment" in section 2 of that Act were to Part III of the M2Children Act 1989.

(6)Section 1(2) of the Community Care (Direct Payments) Act 1996 does not apply in relation to payments under subsection (1) to—

(a)a person with parental responsibility for a disabled child, other than a parent of such a child under the age of sixteen, in respect of a service which would otherwise have been provided for the child; or

(b)any person who is in receipt of income support, working families’ tax credit or disabled person’s tax credit under Part VII of the M3Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker’s allowance,

and in those cases the amount of any payment under subsection (1) is to be at a rate equal to the local authority’s estimate of the reasonable cost of securing the provision of the service concerned.]

Textual Amendments

F1S. 17A inserted (1.4.2001 (E.) and 1.7.2001 (W.)) by 2000 c. 16, s. 7(1); S.I. 2001/510, art. 2, Sch; S.I. 2001/2196, art. 2, Sch.

Modifications etc. (not altering text)

C1S. 17A(1) restricted (W.) (1.7.2001) by S.I. 2001/2192, reg. 3

Marginal Citations

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