s 10C Regulations about direct payments
(1) Regulations may make provision about direct payments. (2) The regulations may, in particular, make provision about— (a) the circumstances in which, and descriptions of persons and services in respect of which, direct payments may, must or must not be made; (b) the circumstances in which direct payments may, must or must not be made to a person nominated by the patient; (c) the making of direct payments (and, in particular, as to persons to whom payments may or must be made) if the patient lacks capacity to consent to the making of the payments or is a child; (d) matters to which the Welsh Ministers or a Local Health Board may or must have regard when making a decision about direct payments; (e) conditions that the Welsh Ministers or a Local Health Board may, must or must not attach in relation to direct payments; (f) the steps that the Welsh Ministers or a Local Health Board may or must take before, or after, making a decision about direct payments; (g) the conditions that the patient or (if different) the payee may or must be required to comply with before, after, or at the time when a direct payment is made; (h) the amount of any direct payment or how it is to be calculated; (i) the circumstances in which the Welsh Ministers or a Local Health Board may or must stop making direct payments; (j) the circumstances in which the Welsh Ministers or a Local Health Board may or must require all or part of a direct payment to be repaid by the patient or (if different) the payee, or otherwise; (k) the monitoring of the making of direct payments, of their use by the patient or (if different) the payee, or of services which they are used to secure; (l) the review of decisions as to whether a direct payment should be made; (m) the arrangements to be made by the Welsh Ministers or Local Health Board for providing patients, payees or their representatives with information, advice or other support in connection with direct payments; (n) the extent to which such support is to be treated as a service in respect of which direct payments may be made. (3) If the regulations make provision about persons who lack capacity to consent to the making of direct payments, the regulations may also make provision about the cases or circumstances where a person who has lacked that capacity but no longer does so (whether because of fluctuating capacity or regaining or gaining capacity) . (4) The regulations may provide for a sum that must be repaid to the Welsh Ministers or Local Health Board (as the case may be) by virtue of a condition or other requirement imposed by or under the regulations to be recoverable as a debt due to the Welsh Ministers or Local Health Board (as the case may be). (5) The regulations may make provision— (a) for a service in respect of which a direct payment has been made under section 10B(1) to be regarded as provided or arranged for by the Welsh Ministers under an enactment mentioned in section 10B(3), only to such extent and subject to such conditions as the regulations may specify; (b) displacing functions or obligations of a Local Health Board with respect to the provision of after-care services under section 117 of the Mental Health Act 1983 (c. 20) , only to such extent and subject to such conditions as the regulations may prescribe. (6) In this section, “ service ” includes anything in respect of which direct payments may be made.