‘Section 7 of the Mental Capacity Act 2005, which provided for payments for services by a person who lacked capacity, was not and could not be engaged where the services in question were provided to the mentally incapacitated individual under an arrangement made by the service provider with a local authority exercising its statutory duty under Pt III of the National Assistance Act 1948.’
WLR Daily, 24th January 2014
Source: www.iclr.co.uk