Joint Committee on Statutory Instruments Twenty-Ninth Report


Appendix 1

S.I. 2003/1703: memorandum from the Department of Health

Care Homes (Amendment No. 2) Regulations 2003 (S.I. 2003/1703)

6. The Committee has requested a memorandum from the Department of Health on the following point:

Regulation 5A(2) of the Care Homes Regulations 2001, as inserted by regulation 2(3) of this instrument, requires a registered person to provide a statement to a service user by no later than the day on which he becomes a service user. How is this provision intended to work in the case of a person who became a service user before these regulations came into force?

7. The obligation to provide a statement under regulation 5A(2) does not apply in the case of a person who became a service user before these Regulations came into force. The obligation is to provide a statement by not later than the day on which a person becomes a service user. This cannot be done where the person is already a service user and accordingly the Department says it is clear that the obligation in regulation 5A(2) does not apply to such a person.

8. However, the practical implication of the introduction of the regulations for providers is that they will need to introduce billing arrangements for all their existing residents on a similar basis at the same time, including those who became service users before 1st September 2003. For large scale providers with centralised billing systems, it would be impracticable to do otherwise, and even small scale providers are unlikely to want to have two billing systems running alongside each other.

29th September 2003


 
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