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Community Care (Delayed Discharges etc.) Bill


Community Care (Delayed Discharges etc.) Bill
Part 1 — Delayed discharge payments

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 9     Dispute resolution

     (1)           Regulations may make provision for panels appointed by Strategic Health

Authorities in England and by Local Health Boards in Wales to assist in the

resolution of disputes between two or more public authorities about matters

arising under or in relation to this Part.

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     (2)           The persons forming a panel for the purpose of a particular dispute must be

appointed by a Strategic Health Authority or Local Health Board from lists of

persons required by the regulations to be kept by the Authority or Board.

     (3)           The regulations must contain such provision as the appropriate Minister

considers appropriate for ensuring that each social services authority situated

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(or any part of whose area is situated) in the area of a Strategic Health

Authority or a Local Health Board is consulted about the persons whose names

appear on any list kept by the Authority or Board for the purposes of

subsection (2).

     (4)    The regulations may make provision about the panels, including in

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particular—

           (a)           provision for determining who is to appoint a panel in the case of a

dispute between public authorities which are not all situated in the area

of a single Strategic Health Authority or Local Health Board;

           (b)           provision specifying the descriptions of disputes which may be

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referred to a panel;

           (c)           provision about the recommendations (including recommendations

relating to the payment of any amount by one party to another) which

may be made by a panel in relation to any dispute referred to it.

     (5)    Regulations may prohibit a public authority from bringing legal proceedings

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against another public authority in relation to a dispute under this Part before

such steps have been taken in relation to a panel appointed by virtue of this

section as may be prescribed in the regulations.

     (6)    For the purposes of this section “public authority” means an NHS body or a

social services authority.

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Supplemental

 10    Adjustments between social services authorities

     (1)    Regulations may make provision as to the application of this Part in cases

where, in relation to a qualifying hospital patient, it appears to the responsible

authority for the time being that the patient is ordinarily resident in the area of

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another social services authority.

     (2)    The regulations may, among other things, authorise or require a social services

authority—

           (a)           to accept a notice given to it under section 2 notwithstanding that it

may wish to dispute that it was the right authority to be notified;

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           (b)           to become the responsible authority for a patient’s case in place of the

social services authority previously responsible;

           (c)           to recover expenditure incurred as the responsible authority for a

patient’s case in the performance of functions under this Part, or in the

provision of community care services which are the subject of a

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decision under section 4(2)(b), from another social services authority.

 

 

Community Care (Delayed Discharges etc.) Bill
Part 1 — Delayed discharge payments

    9

 

     (3)    The regulations may modify the effect of any provision of this Part as it applies

in any cases falling within subsection (1).

 11    Regulations

     (1)    Any power to make regulations under this Part is exercisable by the

appropriate Minister.

5

     (2)    Regulations under this Part may—

           (a)           make different provision for different cases and circumstances and

different provision for different areas;

           (b)           make supplementary, consequential, incidental, transitional or saving

provision.

10

     (3)    Any power to make regulations under this Part is exercisable by statutory

instrument subject, in the case of regulations made by the Secretary of State (or

by the Secretary of State and the Assembly acting jointly), to annulment in

pursuance of a resolution of either House of Parliament.

 12    Interpretation

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In this Part—

                      “carer”, in relation to a qualifying hospital patient, means a person who—                                             

                  (a)                 provides or intends to provide a substantial amount of care on

a regular basis for the patient; and

                  (b)                 is entitled to ask for an assessment under section 1 of the Carers

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and Disabled Children Act 2000 (c. 16);

                      “community care service” has the meaning given by section 46(3) of the

National Health Service and Community Care Act 1990;

                      “health service hospital” has the same meaning as in the National Health

Service Act 1977;

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                      “independent hospital” has the same meaning as in the Care Standards

Act 2000;

                      “NHS body” has the meaning given by section 1;

                      “qualifying hospital patient” has the meaning given by section 1;

                      “the relevant day” has the meaning given in section 5           (6);

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                      “the responsible authority” has the meaning given by section 2(6);

                      “the responsible NHS body” has the meaning given by section 2(5);

                      “social services authority” means a local authority for the purposes of the

Local Authority Social Services Act 1970.

 13    Application of Local Authority Social Services Act 1970

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In Schedule 1 to the Local Authority Social Services Act 1970 (social services

functions to which that Act applies) at the appropriate place there is inserted—

 

“Community Care (Delayed

  
 

Discharges etc.) Act 2003

  
 

 

Community Care (Delayed Discharges etc.) Bill
Part 2 — Local authority community care services and services for carers

    10

 
 

Part 1 ............................................

Functions relating to hospital

 
  

patients likely to need

 
  

community care services to be

 
  

made available in order to be

 
  

discharged safely.”

 

5

 

 14    Power to extend the application of Part 1 to NHS patients in care homes

     (1)    The appropriate Minister may by order provide for this Part to apply in

relation to qualifying care home patients as it applies to qualifying hospital

patients.

     (2)    An order under this section may—

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           (a)           specify such modifications of this Part as appear to the appropriate

Minister to be necessary for it to apply satisfactorily in relation to

qualifying care home patients; and

           (b)           make supplementary, consequential, incidental, transitional or saving

provision.

15

     (3)    In this section—

                    “care home” has the same meaning as in the Care Standards Act 2000 (c.

14); and

                    “qualifying care home patient” means a person being accommodated at a

care home, in pursuance of arrangements made by an NHS body, who

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is receiving (or who has received or is expecting to receive) care of a

description prescribed in regulations.

     (4)    The care prescribed under subsection (3) must be care which is prescribed

under section 1 for the purposes of the definition of “qualifying hospital

patient” (or which as nearly as possible corresponds to care that is so

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prescribed).

     (5)    The power to make an order under this section is exercisable by statutory

instrument subject, in the case of an order made by the Secretary of State (or by

the Secretary of State and the Assembly acting jointly), to annulment in

pursuance of a resolution of either House of Parliament.

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Part 2

Local authority community care services and services for carers

 15    Free provision of services in England

     (1)           The Secretary of State may by regulations require that the provision of any

qualifying service of a description prescribed in the regulations is to be free of

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charge to the person to whom it is provided.

     (2)    The regulations may (without prejudice to the generality of subsection (1))—

           (a)           prescribe circumstances in which a qualifying service is to be provided

free of charge; and

           (b)           limit the period for which a qualifying service is to be so provided.

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     (3)    In this section “qualifying service” means—

 

 

Community Care (Delayed Discharges etc.) Bill
Part 2 — Local authority community care services and services for carers

    11

 

           (a)           the provision of accommodation under Part 3 of the National

Assistance Act 1948 (c. 29) in pursuance of arrangements made by a

local authority in England; or

           (b)           any service which is provided to a person by, or in pursuance of

arrangements made by, a local authority in England under any

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enactment mentioned in section 17(2)(a) to (c) and (f) of the Health and

Social Services and Social Security Adjudications Act 1983 (c. 41)

(charges for local authority services).

     (4)    The regulations may not require any of the following services to be provided

free of charge for a period of more than six weeks—

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           (a)           the provision of accommodation under Part 3 of the National

Assistance Act 1948;

           (b)           the provision of personal care to a person in any place where that

person is living, other than accommodation provided under that Part of

that Act;

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           (c)           a service provided to a carer under section 2 of the Carers and Disabled

Children Act 2000 which consists of the provision of personal care

delivered to the person cared for (in accordance with subsection (3) of

that section).

     (5)    The regulations may—

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           (a)           make different provision for different descriptions of qualifying

service; and

           (b)           make supplementary, consequential, incidental, transitional or saving

provision.

     (6)    The power of the Secretary of State to make regulations under this section is

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exercisable by statutory instrument subject to annulment in pursuance of a

resolution of either House of Parliament.

 16    Free provision of services in Wales

The Assembly may by regulations made by statutory instrument make in

relation to local authorities in Wales any provision which may be made by the

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Secretary of State under section 15 in relation to local authorities in England.

 17    Consequential amendments

     (1)    In section 22 of the National Assistance Act 1948 (charges for accommodation

provided or arranged by local authority), after subsection (8) there is

inserted—

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           “(8A)              This section shall have effect subject to any regulations under section 15

of the Community Care (Delayed Discharges etc.) Act 2003 (power to

require certain community care services and services for carers to be

provided free of charge).”

     (2)    In section 26 of that Act (provision of accommodation in premises maintained

40

by voluntary organisations), after subsection (4) there is inserted—

           “(4AA)              Subsections (2) to (4) shall have effect subject to any regulations under

section 15 of the Community Care (Delayed Discharges etc.) Act 2003

(power to require certain community care services and services for

carers to be free of charge).”

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Community Care (Delayed Discharges etc.) Bill
Part 3 — Supplementary

    12

 

     (3)    In section 17 of the Health and Social Services and Social Security

Adjudications Act 1983 (c. 41) (power to charge for certain local authority

services), after subsection (4) there is inserted—

           “(5)              This section has effect subject to any regulations under section 15 of the

Community Care (Delayed Discharges etc.) Act 2003 (power to require

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certain community care services and services for carers to be free of

charge).”

Part 3

Supplementary

 18     Money

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There shall be paid out of money provided by Parliament—

           (a)           any expenditure incurred by the Secretary of State by virtue of this Act;

and

           (b)           any increase attributable to this Act in the sums payable out of money

so provided by virtue of any other Act.

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 19    Meaning of “the appropriate Minister” and “the Assembly”

     (1)    In this Act “the appropriate Minister” means—

           (a)           in relation to England, the Secretary of State;

           (b)           in relation to Wales, the Assembly; and

           (c)           in relation to England and Wales, the Secretary of State and the

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Assembly acting jointly.

     (2)    In this Act “the Assembly” means the National Assembly for Wales.

 20    Short title, commencement and extent

     (1)    This Act may be cited as the Community Care (Delayed Discharges etc.) Act

2003.

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     (2)    Part 1 shall come into force on such day as the appropriate Minister may by

order made by statutory instrument appoint; and different days may be

appointed for different purposes.

     (3)    This Act extends to England and Wales only.

 

 

 

Community Care (Delayed Discharges etc.) Bill

 
 

A

Bill

[AS AMENDED ON REPORT]

To make provision requiring social services authorities to make payments in

cases where the discharge of patients is delayed for reasons relating to the

provision of community care services or services for carers; and to enable the

Secretary of State and the National Assembly for Wales to require certain

community care services and services for carers provided by social services

authorities to be free of charge to persons receiving those services.

 


 
 


 
 


 
 


 
 

Brought from the Commons on 16th January 2003

 
   
 

Ordered to be Printed, 10th March 2003

 
 

© Parliamentary copyright House of Lords and House of Commons 2003

 

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