Commentary on Sections Section 49 - Restrictions on provision of payments
185.Section 34 (How to meet needs) provides that making payments is one of the ways that a local authority can meet an individual’s needs for care and support and that this can include direct payments. Section 49 sets limits on the circumstances when payments can be made. Payments can be made under the scheme for direct payments as set out in sections 50 to 53. They can be made where, in the local authority’s view, a person’s needs are urgent and it would not be reasonably practicable to meet the needs in another way. Subsection (1)(c) allows a local authority to make payments in the course of contracting for the provision of services. Regulations may set out other circumstances when payments may be permitted.
186.Subsection (2) sets limits on the extent to which payments can be used in the discharge of a local authority’s duties to provide preventative services under section 15.