Community Care (Delayed Discharges etc.) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 8

 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER

112Page 6, line 30, leave out from "instrument" to "House" in line 32 and insert "and any such instrument shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

113Page 6, line 30, leave out from "State" to ", to" in line 31
 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER

114Page 6, line 32, at end insert—
"(   )  Any regulations made under this Part shall be drawn up in consultation with local government."
 

Clause 9

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

115Page 6, line 34, at end insert—
 ""assessment" under section 3(3) shall be taken to include the following steps—
(a)  assessment of entitlement for continuing care in pursuance of statutory responsibilities under the National Health Service Act 1977 (c. 49);
(b)  assessment of entitlement to NHS funded nursing care pursuant to section 49 of the Health and Social Care Act 2001 (c. 15);
(c)  assessment of the local authorities' duties under section 47(1) of the National Health Service and Community Care Act 1990 (c. 19);
(d)  consideration of the patient's views and wishes;
(e)  an assessment being undertaken of the carer's ability to provide and continue to provide care for the patient under the Carers (Recognition and Services) Act 1995 (c. 12) or the Carers and Disabled Children Act 2000 (c. 16), or both;"
116Page 6, line 34, at end insert—
 "`carer'" in relation to a qualifying hospital patient means a person aged over 16 who—
(a)  provided (prior to admission in hospital) or intends to provide a substantial amount of care to the qualifying hospital patient on a regular basis once they are discharged, and
(b)  did not or will not provide this care—
(i)  by virtue of a contract of employment or other contract with any person, or
(ii)  as a volunteer for a voluntary organisation (within the meaning of the National Assistance Act 1948 (c. 29));"
 

THE BARONESS FINLAY OF LLANDAFF
THE BARONESS BARKER

117Page 6, line 38, at end insert—
 ""hospice" has the meaning of a place dedicated to the provision of palliative care which may be managed by either the voluntary sector or the NHS;"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

118Page 6, line 41, at end insert—
 ""pilot scheme" shall mean a pilot scheme conducted under Clause (Pilot schemes) above"
119Page 6, line 43, at end insert "and may include a housing authority as well as a social services authority where relevant"
 

Clause 11

 

THE EARL HOWE
THE BARONESS NOAKES

120Page 7, line 22, at end insert "; and
(c)  make it contingent on an assessment that continuing NHS health care is no longer required and that the patient has been informed of their review rights."
121Page 7, line 34, leave out subsection (5) and insert—
"(   )  Any powers to make an order under this section shall be exercisable by statutory instrument, and no such instrument shall be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."
 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS FINLAY OF LLANDAFF

 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Before Clause 12

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

122Insert the following new Clause—
  "Personal care
  Local authorities are not to charge for care, if that care is—
(a)  personal care defined in section 121(9) of the Care Standards Act 2000 (c. 14) (general interpretation etc.) as assistance in connection with bodily functions,
(b)  nursing care, whether or not from a registered nurse, and
(c)  the care of a kind mentioned in Schedule (Social care not ordinarily charged for) to this Act."
 

Clause 12

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

123Page 8, line 6, at end insert "and that local authorities are not to charge for social care; if that social care is—
(a)  personal care defined in section 121(9) of the Care Standards Act 2000 (c. 14) as assistance in connection with bodily functions;
(b)  nursing care, whether or not from a registered nurse; or
(c)  the care of a kind mentioned in Schedule (Social care not ordinarily charged for)."
124Page 8, line 6, at end insert "and that the local authorities are not to charge for care provided by them of a kind for the time being mentioned in Schedule (Social care not ordinarily charged for) to this Act; or for nursing care, whether or not from a registered nurse"
125Page 8, line 9, after "charge" insert "and in which equipment that is community equipment as defined in the Guide to Integrating Community Equipment Services is to be provided free of charge"
 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER

126Page 8, line 10, at end insert "following the patient being informed of the costs of services following this free period and an assessment made for continuing NHS health care and for community care services of that patient"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

127Page 8, line 19, at end insert—
"(   )  the provision of community equipment, including aids to daily living, mobility aids, adaptations to the home, equipment for home nursing, communication aids and other items listed in Schedule (Community equipment)"
128Page 8, line 19, at end insert—
"(   )  the provision of intermediate care as defined in Schedule (Intermediate care)"
129Page 8, line 20, leave out subsection (4) and insert—
"(4)  The regulations may not require that the costs of accommodation and living costs (excluding the care costs of the kind referred to in subsection (1) and Schedule (Social care not ordinarily charged for)) referred to in subsection (3)(a) are to be free of charge for a period exceeding six weeks."
130Page 8, line 20, leave out subsection (4) and insert—
"(4)  The regulations may require that certain services be provided free of charge for a limited period only, and may specify what that period shall be."
 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER

131Page 8, line 21, leave out "of more than six weeks" and insert "outside of the time when the patient is assessed as being within the criteria for receiving services free of charge"
132Page 8, line 38, at end insert ", save that the first such statutory instrument under this section shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament"
 

Clause 14

 

THE LORD HUNT OF KINGS HEATH

133Page 9, line 7, after "services" insert "and services for carers"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

134Page 9, line 7, at end insert "and to Schedule (Social care not ordinarily charged for) to that Act"
 

THE LORD HUNT OF KINGS HEATH

135Page 9, line 12, after "services" insert "and services for carers"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

136Page 9, line 13, at end insert "and to Schedule (Social care not ordinarily charged for) to that Act"
 

THE LORD HUNT OF KINGS HEATH

137Page 9, line 19, after "services" insert "and services for carers"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

138Page 9, line 19, at end insert "and to Schedule (Social care not ordinarily charged for) to that Act"
 

Clause 17

 

THE BARONESS GREENGROSS

138APage 9, line 38, at beginning insert "Subject to subsection (2C),"
 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER

139Page 9, line 38, after "shall" insert "not"
140Page 9, line 38, after "force" insert "until pilot schemes have been carried out for at least a six month period.
(   )  After the end of the period mentioned in subsection (2), Part 1 shall come into force"
 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER
THE BARONESS WILKINS

141Page 9, line 38, after "day" insert "after 1st April 2004"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES
THE BARONESS WILKINS

142Page 9, line 40, at end insert—
"(2A)  Part 1 shall only come into effect following publication of an evaluation by the Audit Commission of a pilot scheme conducted under section (Pilot schemes) above.
(2B)  The publication of the evaluation under subsection (2A) above shall not take place earlier than 1st April 2004."
 

THE BARONESS GREENGROSS

142APage 9, line 40, at end insert—
"(2C)  Part 1 shall not come into force until the appropriate Minister has reported to both Houses of Parliament that the provisions of the "Discharge from Hospital pathway process and practice" workbook have been implemented by the NHS bodies."
 

After Clause 17

 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF

143Insert the following new Clause—
  "Duration
(1)  Subject to subsection (2), Part 1 of this Act shall cease to have effect at the end of five years beginning with the date on which it comes into force.
(2)  If the Secretary of State is satisfied that it is necessary for social services authorities to continue making payments in cases where the discharge of patients is delayed for reasons relating to the provision of community care services or services for carers, he may make an order providing that Part 1 of this Act shall continue in force for a further five years.
(3)  An order may not be made under subsection (2) unless a draft of that order has been laid before, and approved by resolution of, both Houses of Parliament."
 

Schedule

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

144Insert the following new Schedule—
 

"SCHEDULE
SOCIAL CARE NOT ORDINARILY CHARGED FOR

 1      With regard to the personal hygiene of the person cared for—
(a)  shaving;
(b)  cleaning teeth and providing assistance in rinsing the mouth;
(c)  keeping finger nails and toe nails trimmed;
(d)  assisting the person with going to the toilet or with using a bedpan or other receptacle;
(e)  where the person is fitted with a catheter or stoma, providing such assistance as is required to ensure cleanliness and that the skin is kept in a hygienic condition;
(f)  where the person is incontinent—
(i)  the provision and changing of continence pads; and
(ii)  caring for the person's skin to ensure that it is not adversely affected.
 2      With regard to the person's eating requirements, assisting with the administration of food.
 3      If the person is immobile or substantially immobile, dealing with the problems caused by that immobility.
 4      If the person requires medical treatment, assisting with medication, as for example by—
(a)  applying creams, lotions; or administering eye drops;
(b)  applying dressings in cases where this can be done without the physical involvement of a registered nurse or of a medical practitioner.
 5      With regard to the person's general well-being—
(a)  assisting with getting dressed;
(b)  assisting with surgical appliances, prosthesis and mechanical and manual equipment;
(c)  assisting with getting up and with going to bed."
145Insert the following new Schedule—

 
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©Parliamentary copyright 2003
18 February 2003