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Direct Payments

Volume 485: debated on Wednesday 17 December 2008

To ask the Secretary of State for Health what assessment he has made of the extent to which the draft Regulations on the extension of direct payments provide protection for those who lack capacity as a result of mental illness. (242558)

A consultation has just been carried out on the draft regulations in respect of the provisions in the Health and Social Care Act 2008 to extend direct payments to those without capacity, including those who lack capacity as a result of mental health problems.

Over 100 written responses have been received, mainly from local authorities, voluntary organisations, professional bodies and user and carer networks, including the Mental Health Foundation. The responses are currently being analysed and we are also working closely with the No Secrets: Safeguarding team.

Next year, statutory guidance will be published on the regulations to support councils in making direct payments to these individuals.