Part 1Promotion and provision of the health service in England

F15F1Direct payments for health care

Annotations:
Amendments (Textual)
F15

S. 12ZB and cross-heading inserted (1.1.2024) by Health and Care Act 2022 (c. 31), ss. 79, 186(6); S.I. 2023/1431, reg. 3(b)

F1

Ss. 12A-12D and cross-heading inserted (19.1.2010) by Health Act 2009 (c. 21), ss. 11, 40(1); S.I. 2010/30, art. 2(b)

12ADirect payments for health care

1

The Secretary of State F3, F10NHS England, F11an integrated care board or a local authority may, for the purpose of securing the provision to a patient of anything to which this subsection applies, make payments, with the patient's consent, to the patient or to a person nominated by the patient.

2

Subsection (1) applies to—

F4a

anything that the Secretary of State or a local authority has a duty or power to provide or arrange under section 2A or 2B or Schedule 1;

F5aa

anything that F10NHS England or F12an integrated care board may or must arrange for the provision of under this Act or any other enactment.

F6b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Subsection (1) is subject to any provision made by regulations under section 12B.

4

If regulations so provide, F13an integrated care board may, for the purpose of securing the provision for a patient of services that F14the board must provide under section 117 of the Mental Health Act 1983 (after-care), make payments, with the patient's consent, to the patient or to a person nominated by the patient F7; and the references in this subsection to F13an integrated care board are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to F10NHS England.

5

A payment under subsection (1) F8... is referred to in this Part as a “direct payment”.

F96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27

In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.