To ask the Secretary of State for Health in circumstances in which an individual lacks the capacity to choose to receive a direct payment for social care and that payment is made to a suitable person, who his Department deems to be the owner of the sum paid. (323355)

The sum paid in the form of a direct payment is paid to the suitable person who will receive payment on behalf of the person who lacks capacity. The suitable person holds those monies in trust for the person lacking capacity. The person lacking capacity is the beneficiary.

The suitable person will be responsible for managing the direct payments and buy services to meet the needs of the individual. However, councils also have a duty to set up financial monitoring arrangements for audit purposes to ensure that the person's needs are being met and that the finances are properly managed.