Citation and commencement

1. These Regulations may be cited as the National Health Service (Direct Payments) (Amendment) Regulations 2017 and come into force on 1st April 2017.

Amendment of the National Health Service (Direct Payments) Regulations 2013

2. —(1)The National Health Service (Direct Payments) Regulations 2013( 2 ) are amended as follows.

(2) In regulation 8 (care plan and care co-ordinator)—

(a) in paragraph (5A) for the words from “person who” to “nominee,” substitute “connected person”;

(b) after paragraph (5A) insert—

“ (5B) In paragraph (5A), “connected person” in relation to a patient means any of the following who lives in the same household as the patient whether or not the person is a nominee—

(a) a family member mentioned in regulation 7(8); or

(b) a friend of the patient. ” .

(3) In regulation 10 (conditions applying to the making of direct payments by a health body)—

(a) in paragraph (1), after “satisfied” insert—

“ —

(a) where the account is a managed account, that the requirements in paragraphs (2)(b) and (5) are met;

(b) in any other case, ” ;

(b) after paragraph (1) insert—

“ (1A) In paragraph (1)(a), “managed account” means an account held by a person or organisation where that person or organisation has been appointed by the patient, representative or nominee, both to hold the direct payment on the patient’s, representative’s or nominee’s behalf, and to apply that payment in accordance with the instructions of the patient, representative or nominee. ” ;

(c) for paragraph (5)(b) substitute—

“ (b) ensure that direct payments paid into it in respect of a patient will be used only for services agreed in that patient’s care plan. ” .

(4) At the beginning of regulation 11(6) (conditions to be complied with by the patient, representative or nominee) insert “Except in the case of a managed account as defined in regulation 10(1A),”.