Explain

Direct payment

A direct payment is money the council pays to the parent or young person so they can arrange some of the provision in the plan themselves. It is one way of using a personal budget. The council must be satisfied that the conditions in the regulations are met, for example that the money will be used properly. For provision on a school or college's premises, the head teacher or principal must give written consent.

When a child becomes a young person while direct payments are being made, the council must take reasonable steps to find out whether the young person agrees to them. If the young person agrees in writing to the payments carrying on to the parent or the person nominated to receive them, the council must carry on making them. If the young person tells the council in writing that they do not agree to direct payments, the council must stop them as soon as reasonably practicable. If the young person tells the council in writing that they want to receive the payments, the council must make them where the conditions in the regulations are met.

Type of rule

Law (Act or Regulations)

Rule id

direct_payment

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 49(2)Law (Act or Regulations)
• Special Educational Needs (Personal Budgets) Regulations 2014, reg 6Law (Act or Regulations)
• Special Educational Needs (Personal Budgets) Regulations 2014, reg 8Law (Act or Regulations)
• Special Educational Needs (Personal Budgets) Regulations 2014, reg 9(1)Law (Act or Regulations)
• Special Educational Needs (Personal Budgets) Regulations 2014, reg 15Law (Act or Regulations)
• Special Educational Needs (Personal Budgets) Regulations 2014, reg 16(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 12(1)(j)Law (Act or Regulations)

Related

• Personal budget
• Section J (personal budget)
• Young person (and when the rights move to them)
• Mental capacity and representatives

All words explained · The rulebook