The Health and Social Care Act 2008 extends the availability of
direct payments to those people who lack the capacity to consent to
their receipt.
In
addition, the Department of Health is also reviewing the current
exclusions to receiving direct payments for those subject to various
provisions of mental health legislation. The DH hopes that these
changes will ensure that previously marginalised groups are able to
benefit from the flexibilities that direct payments now offer.
The
consultation for the new direct payment regulations which reflect the
changes described is open until 11 November 2008. Please follow this link for the consultation document, draft regulations and response template.
The DH would be very interested to hear your opinions on the
regulations and answers to the specific questions identified in the
consultation document.