Carers and Disabled Children Bill - continued        House of Lords

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Assessments: persons with parental responsibility for disabled children.     6. - (1) If a person with parental responsibility for a disabled child-
 
 
    (a) provides or intends to provide a substantial amount of care on a regular basis for the child; and
 
    (b) asks a local authority to carry out an assessment of his ability to provide and to continue to provide care for the child,
       the local authority must carry out such an assessment if it is satisfied that the child and his family are persons for whom it may provide or arrange for the provision of services under section 17 of the Children Act 1989 ("the 1989 Act").
 
      (2) For the purposes of such an assessment, the local authority may take into account, so far as it considers it to be material, an assessment under section 1(2) of the Carers (Recognition and Services) Act 1995.
 
      (3) The Secretary of State (or, in relation to Wales, the National Assembly for Wales) may give directions as to the manner in which an assessment under subsection (1) is to be carried out or the form it is to take.
 
      (4) Subject to any such directions, it is to be carried out in such manner, and is to take such form, as the local authority considers appropriate.
 
      (5) The local authority must take the assessment into account when deciding what, if any, services to provide under section 17 of the 1989 Act.
 
      (6) Terms used in this section have the same meaning as in Part III of the 1989 Act.
 
Vouchers, and direct payments to disabled children and persons with parental responsibility for them.     7. - (1) In the Children Act 1989, after section 17 insert-
 
 
"Direct payments.     17A. - (1) Instead of providing services in the exercise of functions conferred on them by section 17, a local authority may make to a person falling within subsection (2) (if he consents) a payment of such amount as, subject to subsections (5) and (6), they think fit in respect of his securing the provision of any of the services which the local authority would otherwise have provided.
 
    (2) The following fall within this subsection-
 
 
    (a) a person with parental responsibility for a disabled child;
 
    (b) a disabled child aged 16 or 17.
      (3) A payment under subsection (1) shall be subject to the condition that the person to whom it is made shall not secure the provision of the service to which it relates by a person who is of a prescribed description.
 
      (4) The Secretary of State may by regulations provide that the power conferred by subsection (1) is not to be exercisable in relation to the provision of residential accommodation for any person for a period exceeding a prescribed period.
 
      (5) Except as mentioned in subsection (6) of this section, subsections (2) and (6) of section 1, and subsections (1) and (2) of section 2, of the Community Care (Direct Payments) Act 1996 apply in relation to payments under subsection (1) as they apply in relation to payments under section 1(1) of that Act, but as if-
 
 
    (a) the reference to "subsection (4)" in section 1(6)(b) of that Act were a reference to subsection (3) of this section; and
 
    (b) the references to "the relevant community care enactment" in section 2 of that Act were to Part III of the Children Act 1989.
      (6) Section 1(2) of the Community Care (Direct Payments) Act 1996 does not apply in relation to payments under subsection (1) to-
 
 
    (a) a person with parental responsibility for a disabled child, other than a parent of such a child under the age of sixteen, in respect of a service which would otherwise have been provided for the child; or
 
    (b) any person who is in receipt of income support, working families' tax credit or disabled person's tax credit under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker's allowance,
       and in those cases the amount of any payment under subsection (1) is to be at a rate equal to the local authority's estimate of the reasonable cost of securing the provision of the service concerned.
 
Vouchers for persons with parental responsibility for disabled children.     17B. - (1) The Secretary of State may by regulations make provision for the issue by a local authority of vouchers to a person with parental responsibility for a disabled child.
 
      (2) "Voucher" means a document whereby, if the local authority agrees with the person with parental responsibility that it would help him care for the child if the person with parental responsibility had a break from caring, that person may secure the temporary provision of services for the child under section 17.
 
      (3) The regulations may, in particular, provide-
 
 
    (a) for the value of a voucher to be expressed in terms of money, or of the delivery of a service for a period of time, or both;
 
    (b) for the person who supplies a service against a voucher, or for the arrangement under which it is supplied, to be approved by the local authority;
 
    (c) for a maximum period during which a service (or a service of a prescribed description) can be provided against a voucher."
      (2) The reference to the Children Act 1989 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this section.
 
      (3) Subsection (2) does not affect the power to make further Orders varying or omitting that reference.
 
Charging.     8. In section 17 of the Health and Social Services and Social Security Adjudications Act 1983 (which provides for charges for local authority services in England and Wales), in subsection (2), after paragraph (e) insert-
 
 
    "(f) section 2 of the Carers and Disabled Children Act 2000".
Minor and consequential amendments.     9. In Schedule 1 to the Local Authority Social Services Act 1970 (which sets out enactments conferring functions referred to each local authority's social services committee)-
 
 
    (a) in the entry relating to the Community Care (Direct Payments) Act 1996, in the second column, at the end insert "or services under the Carers and Disabled Children Act 2000"; and
 
    (b) at the end, insert-
 
 
"Carers and Disabled Children Act 2000 (c. )
The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.
 
Assessment of carers' needs.
Provision of services to carers.
Provision of vouchers."
Financial provision.     10. There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
 
Interpretation and regulations.     11. - (1) Except as provided in section 6(6), in this Act-
 
 
    "carer" and "person cared for" have the meaning given in section 1;
 
    "community care services" and "local authority" have the meaning given in section 46(3) of the National Health Service and Community Care Act 1990;
 
    "prescribed" means prescribed in regulations; and
 
    "regulations" means regulations made by statutory instrument by the Secretary of State (in relation to England) or by the National Assembly for Wales (in relation to Wales).
      (2) References in this Act (however expressed) to services provided by the local authority include services which the local authority arranges to provide, where it has power to do so.
 
      (3) Regulations may make different provision for different cases and may include such supplementary, incidental, consequential and transitional provisions and savings as the Secretary of State (or the National Assembly for Wales) thinks fit.
 
      (4) A statutory instrument containing regulations made by the Secretary of State under any provision in this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Short title, commencement and extent.     12. - (1) This Act may be cited as the Carers and Disabled Children Act 2000.
 
      (2) Apart from this section, this Act comes into force on such day as may be appointed by order made by statutory instrument.
 
      (3) An order under subsection (2) is to be made-
 
 
    (a) in relation to England, by the Secretary of State; and
 
    (b) in relation to Wales, by the National Assembly for Wales.
      (4) Different days may be appointed for different provisions or for different purposes.
 
      (5) The Secretary of State may by order made by statutory instrument provide that this Act shall have effect in its application to the Isles of Scilly with such modifications as are specified in the order.
 
      (6) A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (7) This Act extends to England and Wales only.
 
 
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