(1) Regulations may require or allow a local authority to make payments to a person towards the cost of meeting an adult's needs for care and support under section 35 or 36.
(2) But regulations under subsection (1) may not require or allow such payments to be made unless condition 1 or 2 is met.
(3) Condition 1 is that—
(a) the payments are to be made to the adult who has needs for care and support (“A”),
(b) A has, or the local authority believes that A has, capacity to consent to the making of the payments,
(c)
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