Citation, commencement, interpretation and application

1. —(1) These Regulations may be cited as the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) (Amendment) Regulations 2010 and shall come into force on 29th October 2010.

(2) In these Regulations, “the principal Regulations” means the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009( 2 ).

(3) These Regulations apply in relation to England.

Amendment of regulation 9 of the principal Regulations

2. In regulation 9 of the principal Regulations (amount and payment of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act)—

(a) in paragraph (2), at the beginning insert “Subject to paragraph (6),”;

(b) after paragraph (5), insert–

“ (6) For the purpose of making a direct payment under section 57(1) of the 2001 Act in respect of the prescribed person securing the provision of residential accommodation, the responsible authority ( 3 ) may make the determination referred to in paragraph (2) irrespective of the prescribed person’s means. ” ( 4 ).

Amendment of regulation 10 of the principal Regulations

3. In regulation 10 of the principal Regulations (amount and payment of direct payments under section 57(1A) of the 2001 Act)—

(a) in paragraph (2), at the beginning insert “Subject to paragraph (4),”;

(b) after paragraph (3), insert–

“ (4) For the purpose of making the payment referred to in paragraph (1) in respect of the prescribed person securing the provision of residential accommodation, the responsible authority, in making the determination referred to in paragraph (2), may do so irrespective of P’s means. ” ( 5 ).