s 10B Direct payments for health care
(1) The Welsh Ministers may, for the purpose of securing the provision to a patient of anything to which subsection (3) applies, make payments to the patient or to a person nominated by the patient. (2) Subsection (1) is subject to any provision made by regulations under section 10C. (3) This subsection applies to— (a) anything that the Welsh Ministers may or must provide under section 2(1) or 3(1); (b) anything for which the Welsh Ministers must arrange under paragraph 8 of Schedule 1; (c) any vehicles that the Welsh Ministers may provide under paragraph 9 of Schedule 1; (d) anything the Welsh Ministers may provide under paragraph 10 of Schedule 1 (including anything for which a grant may be made under paragraph 10(3) of Schedule 1). (4) Payments may not be made under subsection (1) unless the patient consents to the making of the payments, subject to any provision made by regulations under section 10C in respect of a patient who lacks capacity or is a child. (5) Where the Welsh Ministers make payments under subsection (1), they must, having regard to the purposes for which the payments are made, make arrangements for the provision to the patient, payee or their representative of such information, advice or other support, as the Welsh Ministers consider appropriate. (6) Regulations may provide that a Local Health Board may, for the purpose of securing the provision to a patient of after-care services that a Local Health Board must provide under section 117 of the Mental Health Act 1983 (c. 20) , make payments to the patient or to a person nominated by the patient. (7) Regulations under subsection (6) must— (a) provide that payments under the regulations cannot be made unless the patient consents to the making of the payments, subject to any provision made by regulations under section 10C in respect of a patient who lacks capacity or is a child; (b) make provision in respect of information, advice or other support to be provided by a Local Health Board to patients, payees or their representatives in connection with the payments. (8) In section 10C and section 10D, “ direct payments ” means payments made under subsection (1) or under regulations made under subsection (6). (9) In this section and section 10C— (a) “ child ” means a person who has not attained the age of 16; (b) references to a person lacking capacity are references to a person lacking capacity within the meaning of the Mental Capacity Act 2005 (c. 9) .