Health and Social Care Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
 

After Clause 53

 

THE LORD RIX

Insert the following new Clause—
  "Prohibition of new charges as a result of the creation of Care Trusts
  No new charges shall be created for new or existing services as a result of the creation of Care Trusts."
 

Clause 54

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

The above-named Lords give notice of their intention to oppose the Question that Clause 54 stand part of the Bill.
 

Clause 55

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

The above-named Lords give notice of their intention to oppose the Question that Clause 55 stand part of the Bill.
 

Before Clause 56

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Insert the following new Clause—
  "Exclusion of charges for personal care
"(1)  Section 22 of the National Assistance Act 1948 (which provides for the assistance of persons in need by local authorities) shall be amended as follows.
(2)  Leave out subsection (2) and insert—
(3)  Section 17 of the Health and Social Services and Social Security Adjudications Act 1983 (which makes provisions relating to the financing of certain social services in England and Wales) shall be amended as follows.
(4)  In subsection (2) after "services" there shall be inserted "excluding any personal care service within the meaning of subsection (3) below".
(5)  In this section `personal care services' means any service or services which a person has been assessed as being in need of under section 47 of the National Health Service and Community Care Act 1990 and which is care provided in respect of the following matters—
(a)  personal toilet (including washing, bathing, skin care, personal presentation, dressing and undressing and skin care);
(b)  eating and drinking (but not the obtaining or preparation of food and drink);
(c)  the management of urinary and bowel functions (including the maintenance of continence and the management of incontinence);
(d)  the management of problems associated with immobility;
(e)  the management of prescribed treatment (including the administration) and monitoring of any medication;
(f)  behaviour management and ensuring personal safety (including the reduction of stress or risk for persons with cognitive impairment); or
(g)  associated teaching, enabling and psychological support from a skilled professional, and assistance with cognitive functions to enable a person to undertake personal care tasks himself or with help.""
 

Clause 56

 

THE LORD RIX

Page 58, line 20, leave out from "shall" to end of line 31 and insert "require a person to contribute towards the costs of any service which is available to other persons without charge under provisions relating to the National Health Service; and such service, where a person is assessed to need it under relevant enactments, shall be provided at the expense of the appropriate Health Authority or other National Health Service agency"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 58, line 31, at end insert—
"(   )  The relevant authority shall make regulations requiring that any persons receiving any services which are not considered nursing care, as determined by this section, shall receive detailed information on the costs of the provision of personal care and accommodation prior to any agreement for the provision of community care being made."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 58, line 31, at end insert—
"(   )  Before bringing this section into force the Secretary of State shall consult such bodies and organisations as he shall consider appropriate with a view to determining the funding and other arrangements necessary to implement it."
 

Clause 57

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 59, line 5, leave out "on the appointed day" and insert "from 1st October 2001"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 60, line 9, at end insert—
"(   )  Before bringing this section into force the Secretary of State shall consult such bodies and organisations as he may consider to represent the relevant interests of local government as to—
(a)  the methodology to be used for calculating the amounts required to fund the arrangements provided for in this section;
(b)  the methodology to be used for calculating a fair and equitable distribution of such funding amongst local authorities; and
(c)  the means whereby such funding is to be transferred."
 

THE LORD RIX

Page 60, line 25, at end insert—
"(11)  Nothing in this section shall authorise any movement of a person other than in that person's interests and with that person's consent."
 

After Clause 59

 

THE LORD RIX

Insert the following new Clause—
  "Mandatory disregard of property in certain circumstances
(1)  The Secretary of State shall, by regulations subject to approval by both Houses of Parliament, make provision requiring local authorities to disregard the value of an individual's property when that property is occupied in whole or in part, as his home, by a person or persons as prescribed.
(2)  Regulations under this section may, in particular, make provision prescribing the categories of person, and the conditions to be satisfied by a prescribed person, in relation to a mandatory disregard."
 

THE LORD MORRIS OF MANCHESTER

Insert the following new Clause—
  "Duty to disregard financial resources in making assessment decisions
(1)  The National Health Service and Community Care Act 1990 (c.19) shall be amended as follows.
(2)  After section 47(1) (assessment of needs for community care services) there shall be inserted—
(3)  After section 47(3) there shall be inserted—
(4)  In section 47(4) leave out the words "subsection (7) below" and insert "subsections (1A), (3A) and (3B) above and (7) below.
(4A)  The Secretary of State may issue directions requiring that assessments shall commence and be completed within prescribed periods.".""
 

Clause 62

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 63, line 8, leave out "56" and insert "114"
 

THE LORD LIPSEY

Page 63, line 11, at end insert—
"(c)  at the discretion of the authority, on such later date as it may deem appropriate in order to protect a carer or close relative of the resident from homelessness.
(4A)  The Secretary of State shall provide guidance to local authorities as to how they should exercise their discretion under subsection (4)."
 

After Clause 63

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Insert the following new Clause—
  Cross-border assessments
  "Where a person has been assessed by one local authority and moves to a residential or nursing home in another local authority area, the authority which made the assessment, and as a result of which a duty to provide accommodation under section 21 of the National Assistance Act 1948 has arisen, shall agree such payments which are at least equivalent to those which are normally made in the authority to which the person has moved for the type of accommodation in which that person resides or will be residing."
 

After Clause 65

 

THE LORD RIX

Insert the following new Clause—
  "Requirement to report on progress with Community Care
(1)  Section 11 of the Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended as follows.
 
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