Relevance of mental incapacity for holding a Direct Payment or Health Budget 1

What are the key differences between Sections 31 and 32 of the Care Act regarding direct payments?

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Being an Authorised Person for holding a direct payment or PHB for someone else's benefit, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Direct Payments Q&As, Due process requirements associated with Direct Payments and Health Budgets, How the Care Act fits in with the Mental Health Act (and s117 aftercare), How the Mental Capacity Act affects the Care Act, Mental Capacity and Best Interests Q&As, Mental Health Act Q&As, Paying for necessary goods and services, Q&As on Direct Payments, Q&As on Mental Capacity and Best Interests decision-making, Q&As on the Mental Health Act, Relevance of Mental Capacity to Care Planning, Relevance of mental incapacity for holding a Direct Payment or Health Budget 1, The relevance of Mental Capacity to hold a direct payment under the Care Act (or other legislation) /

Section 31 provides for direct payments as an optional way of using your budget after an assessment and care planning process, for those people who have sufficient capacity to request a direct payment, ie understand the essence of what it means, which is, in our view, taking charge of your own commissioning or employment arrangements […]

What are the key differences between Sections 31 and 32 of the Care Act regarding direct payments? Read More »

A local authority v X [2016]

Leave a Comment / Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Direct Payments and Personal Health Budgets, Due process rights in care planning, Public law principles relevant to Care Planning, Rationality and relevant considerations, in the context of care planning, Relevance of mental capacity for Choice of Accommodation Rights, Relevance of Mental Capacity to Care Planning, Relevance of mental incapacity for holding a Direct Payment or Health Budget 1, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker /

Keywords: Meeting needs appropriately, Care Planning, Personal Budget setting, Home care, Residential care, CHC X, a 32-year old man, had sustained severe injuries in a fall in 2011, was tetraplegic and had acquired brain injury in the form of frontal lobe damage which affected his personality and, to some extent, his thought processes and may

A local authority v X [2016] Read More »