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71

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 9 January 2014

 

For other Amendment(s) see the following page(s):

 

Care Bill [Lords] Committee 53-70

 

Public Bill Committee


 

Care Bill [Lords]

 

Funding for new costs arising from Part 1

 

Meg Munn

 

NC13

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must provide local authorities with sufficient funding to

 

enable them to meet new costs arising directly or indirectly to them by virtue of

 

this Part.

 

(2)    

The costs mentioned in subsection (1) include (but are not limited to)—

 

(a)    

costs of introducing the new measures set out in this Part;

 

(b)    

on-going costs of implementing those measures (to be allocated through

 

the annual spending review);

 

(c)    

costs identified by the Department of Health to be funded through the

 

Better Care Fund.’.

 

Grahame M. Morris

 

90

 

Clause  23,  page  22,  line  2,  at end add—

 

‘(2A)    

Where a local authority is unable to meet the adult’s needs for care and support

 

without the provision of housing of a specified nature or location, subsection (1)

 

does not apply.’.


 
 

Notices of Amendments: 9 January 2014                  

72

 

Care Bill-[Lords], continued

 
 

Social care free at the point of use

 

Bill Esterson

 

NC14

 

To move the following Clause:—

 

‘The Secretary of State must prepare a report on the costs and benefits of

 

requiring, and providing funding for, local authorities to offer all social care free

 

at the point of use. This report must be laid before each House of Parliament

 

within 12 months of section 3 coming into force.’.

 

Paul Burstow

 

91

 

Clause  109,  page  95,  line  35,  after ‘Health;’, insert—

 

‘( )    

the Chief Nursing Officer of the Department of Health,’.

 

Integration of care and support with health services etc: integration fund

 

Norman Lamb

 

NC2

 

To move the following Clause:—

 

‘(1)    

At the end of section 223B of the National Health Service Act 2006 (funding of

 

the National Health Service Commissioning Board) insert—

 

“(6)    

Where the mandate specifies objectives relating to service integration,

 

the requirements that may be specified under section 13A(2)(b) include

5

such requirements relating to the use by the Board of an amount of the

 

sums paid to it under this section as the Secretary of State considers it

 

necessary or expedient to impose.

 

(7)    

The amount referred to in subsection (6)—

 

(a)    

is to be determined in such manner as the Secretary of State

10

considers appropriate, and

 

(b)    

must be specified in the mandate.

 

(8)    

The reference in subsection (6) to service integration is a reference to the

 

integration of the provision of health services with the provision of

 

health-related services or social care services, as referred to in sections

15

13N and 14Z1.”

 

(2)    

After section 223G of that Act (meeting expenditure of clinical commissioning

 

groups out of public funds) insert—

 

“223GA 

 Expenditure on integration

 

(1)    

Where the mandate includes a requirement in reliance on section 223B(6)

20

(requirements relating to use by the Board of an amount paid to the Board

 

where mandate specifies service integration objectives), the Board may

 

direct a clinical commissioning group that an amount (a “designated

 

amount”) of the sums paid to the group under section 223G is to be used

 

for purposes relating to service integration.

25

(2)    

The designated amount is to be determined—

 

(a)    

where the mandate includes a requirement (in reliance on section

 

223B(6)) that designated amounts are to be determined by the

 

Board in a manner specified in the mandate, in that manner;


 
 

Notices of Amendments: 9 January 2014                  

73

 

Care Bill-[Lords], continued

 
 

(b)    

in any other case, in such manner as the Board considers

30

appropriate.

 

(3)    

The conditions under section 223G(7) subject to which the payment of a

 

designated amount is made must include a condition that the group

 

transfers the amount into one or more funds (“pooled funds”) established

 

under arrangements under section 75(2)(a) (“pooling arrangements”).

35

(4)    

The conditions may also include—

 

(a)    

conditions relating to the preparation and agreement by the

 

group and each local authority and other clinical commissioning

 

group that is party to the pooling arrangements of a plan for how

 

to use the designated amount (a “spending plan”);

40

(b)    

conditions relating to the approval of a spending plan by the

 

Board;

 

(c)    

conditions relating to the inclusion of performance objectives in

 

a spending plan;

 

(d)    

conditions relating to the meeting of any performance objectives

45

included in a spending plan or specified by the Board.

 

(5)    

Where a condition subject to which the payment of a designated amount

 

is made is not met, the Board may—

 

(a)    

withhold the payment (in so far as it has not been made);

 

(b)    

recover the payment (in so far as it has been made);

50

(c)    

direct the clinical commissioning group as to the use of the

 

designated amount for purposes relating to service integration or

 

for making payments under section 256.

 

(6)    

Where the Board withholds or recovers a payment under subsection

 

(5)(a) or (b)—

55

(a)    

it may use the amount for purposes consistent with such

 

objectives and requirements relating to service integration as are

 

specified in the mandate, and

 

(b)    

in so far as the exercise of the power under paragraph (a)

 

involves making a payment to a different clinical commissioning

60

group or some other person, the making of the payment is subject

 

to such conditions as the Board may determine.

 

(7)    

The requirements that may be specified in the mandate in reliance on

 

section 223B(6) include requirements to consult the Secretary of State or

 

other specified persons before exercising a power under subsection (5) or

65

(6).

 

(8)    

The power under subsection (5)(b) to recover a payment may be

 

exercised in a financial year after the one in respect of which the payment

 

was made.

 

(9)    

The payments that may be made out of a pooled fund into which a

70

designated amount is transferred include payments to a local authority

 

which is not party to the pooling arrangements in question in connection

 

with the exercise of its functions under Part 1 of the Housing Grants,

 

Construction and Regeneration Act 1996 (disabilities facilities grants).

 

(10)    

In exercising a power under this section, the Board must have regard to

75

the extent to which there is a need for the provision of each of the

 

following—

 

(a)    

health services (see subsection (12)),


 
 

Notices of Amendments: 9 January 2014                  

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Care Bill-[Lords], continued

 
 

(b)    

health-related services (within the meaning given in section

 

14Z1), and

80

(c)    

social care services (within the meaning given in that section).

 

(11)    

A reference in this section to service integration is a reference to the

 

integration of the provision of health services with the provision of

 

health-related services or social care services, as referred to in sections

 

13N and 14Z1.

85

(12)    

“Health services” means services provided as part of the health service in

 

England.”.’.

 

As an Amendment to Norman Lamb’s proposed New Clause (Integration of care and

 

support with health services etc: integration fund) (NC2):—

 

Paul Burstow

 

(a)

 

Line  74,  after ‘regard to’, insert ‘the duty to promote wellbeing in section 1 of the

 

Care Act 2014, and’.

 

Liz Kendall

 

Mr Jamie Reed

 

92

 

Clause  10,  page  10,  line  38,  at end insert—

 

‘(10A)    

Where an adult is being assessed for NHS Continuing Care and this is to be

 

provided in whole or in part in the community, and that person has a carer who is

 

providing or about to provide care, the local authority must ensure that a carer’s

 

assessment under this section and section 12 is carried out of the carer’s ability to

 

provide or continue to provide care.’.

 

Liz Kendall

 

Mr Jamie Reed

 

93

 

Clause  14,  page  13,  line  29,  at end add—

 

‘(9)    

Where an assessment is carried out under section 10(10A), the NHS must meet

 

the carer’s assessed needs for support which meet the eligibility criteria free of

 

charge.’.

 

Liz Kendall

 

Mr Jamie Reed

 

94

 

Clause  13,  page  13,  line  36,  at end add—

 

‘(9)    

The regulations in subsection (6) are subject to the super-affirmative resolution

 

procedure set out in schedule [Super-Affirmative Resolution procedure].’.

 

Liz Kendall

 

Mr Jamie Reed

 

95

 

Clause  17,  page  17,  line  15,  at end add—

 

‘(14)    

The regulations in subsection (7) are subject to the super-affirmative resolution

 

procedure set out in schedule [Super-Affirmative Resolution procedure].’.


 
 

Notices of Amendments: 9 January 2014                  

75

 

Care Bill-[Lords], continued

 
 

Liz Kendall

 

Mr Jamie Reed

 

96

 

Clause  35,  page  32,  line  12,  at end add—

 

‘(11)    

The regulations in subsection (1) are subject to the super-affirmative resolution

 

procedure set out in schedule [Super-Affirmative Resolution procedure].’.

 

Liz Kendall

 

Mr Jamie Reed

 

NS1

 

To move the following Schedule:—

 

‘Super-Affirmative Resolution Procedure

 

1          

The “super-affirmative resolution procedure” in relation to a draft order under

 

this Act is as follows.

 

2          

The Minister must have regard to—

 

(a)    

any representations,

 

(b)    

any resolution of either House of Parliament, and

 

(c)    

any recommendations of a committee of either House of Parliament

 

charged with reporting on the draft order,

 

            

made during the 60-day period with regard to the draft order.

 

3          

If, after the expiry of the 60-day period, the Minister wishes to make an order

 

in the terms of the draft, he must lay before Parliament a statement—

 

(a)    

stating whether any representations were made under subsection

 

(2)(a); and

 

(b)    

if any representations were so made, giving details of them.

 

4          

The Minister may after the laying of such a statement make an order in the

 

terms of the draft if it is approved by a resolution of each House of Parliament.

 

5          

However, a committee of either House charged with reporting on the draft

 

order may, at any time after the laying of a statement under paragraph 3 and

 

before the draft order is approved by that House under paragraph 4,

 

recommend under this subsection that no further proceedings be taken in

 

relation to the draft order.

 

6          

Where a recommendation is made by a committee of either House under

 

paragraph 5 in relation to a draft order, no proceedings may be taken in relation

 

to the draft order in that House under paragraph 4 unless the recommendation

 

is, in the same Session, rejected by resolution of that House.

 

7          

If, after the expiry of the 60-day period, the Minister wishes to make an order

 

consisting of a version of the draft order with material changes, he must lay

 

before Parliament—

 

(a)    

a revised draft order; and

 

(b)    

a statement giving details of—

 

(i)    

any representations made under paragraph 2(a); and

 

(ii)    

the revisions proposed.

 

8          

The Minister may after laying a revised draft order and statement under

 

paragraph 7 make an order in the terms of the revised draft if it is approved by

 

a resolution of each House of Parliament.

 

9          

However, a committee of either House charged with reporting on the revised

 

draft order may, at any time after the revised draft order is laid under paragraph

 

7 and before it is approved by that House under paragraph 8, recommend under

 

this paragraph that no further proceedings be taken in relation to the revised

 

draft order.


 
 

Notices of Amendments: 9 January 2014                  

76

 

Care Bill-[Lords], continued

 
 

10         

Where a recommendation is made by a committee of either House under

 

paragraph 9 in relation to a revised draft order, no proceedings may be taken

 

in relation to the revised draft order in that House under paragraph 8 unless the

 

recommendation is, in the same Session, rejected by resolution of that House.

 

11         

For the purposes of paragraphs 4 and 8 an order is made in the terms of a draft

 

order if it contains no material changes to the provisions of the draft order.

 

12         

In this section the “60-day period” means the period of 60 days beginning with

 

the day on which the draft order was laid before Parliament under section

 

1(6).’.

 

Liz Kendall

 

Mr Jamie Reed

 

97

 

Clause  14,  page  14,  line  7,  at end insert—

 

‘(3A)    

Services of an intimate nature can only be provided to the disabled person.

 

(3B)    

Regulations may make provision about what is, or is not, of an intimate nature for

 

the purposes of subsection (3).’.

 

Liz Kendall

 

Mr Jamie Reed

 

98

 

Clause  14,  page  14,  line  29,  at end add—

 

‘(9)    

A local authority should publish on its website the current cost that the local

 

authority incurs for particular services for which it may make a charge.’.

 

Liz Kendall

 

Mr Jamie Reed

 

99

 

Clause  15,  page  14,  line  33,  leave out ‘cap on care costs’ and insert ‘set level above

 

which an adult starts receiving financial assistance with the costs of their care’.

 

Liz Kendall

 

Mr Jamie Reed

 

100

 

Clause  15,  page  15,  line  6,  leave out ‘cap on care costs’ and insert ‘the set level

 

above which an adult starts receiving financial assistance with the costs of their care’.

 

Liz Kendall

 

Mr Jamie Reed

 

101

 

Clause  15,  page  15,  line  27,  leave out ‘cap on care costs’ and insert ‘the set level

 

above which an adult starts receiving financial assistance with the costs of their care’.

 

Liz Kendall

 

Mr Jamie Reed

 

102

 

Clause  15,  page  15,  line  22,  at end add—

 

‘(9)    

The Secretary of State must report to Parliament—

 

(a)    

in advance of this section coming into force with the Government’s

 

assessment of the likely impact of the set level above which an adult

 

starts receiving financial assistance with the costs of their care; and

 

(b)    

annually once the section is in effect, with the Government’s assessment

 

of the impact of the set level above which an adult starts receiving


 
 

Notices of Amendments: 9 January 2014                  

77

 

Care Bill-[Lords], continued

 
 

financial assistance with the cost of their care, in particular its

 

distributional impact across different levels of income.’.

 

Liz Kendall

 

Mr Jamie Reed

 

103

 

Clause  26,  page  24,  line  40,  at end insert—

 

‘(4)    

A personal budget for an adult must be set at a level that would be sufficient to

 

meet all of that adult’s eligible needs as assessed by regulations referred to in

 

section 13(6).’.

 

Liz Kendall

 

Mr Jamie Reed

 

104

 

Clause  34,  page  30,  line  46,  at end insert—

 

‘(9)    

The Secretary of State shall make available to all local authorities a model

 

deferred payment scheme and all local authorities must follow this model unless

 

they can show due cause not to.’.

 

Liz Kendall

 

Mr Jamie Reed

 

105

 

Clause  35,  page  31,  line  15,  at end insert—

 

‘(3A)    

The regulations must require any interest incurred on an adult’s deferred amount

 

or interest on an amount charged under subsection (1)(b) to count towards the set

 

level above which an adult starts receiving financial assistance with the costs of

 

their care.’.

 

Liz Kendall

 

Mr Jamie Reed

 

106

 

Clause  35,  page  31,  line  20,  at end insert—

 

‘(4A)    

The regulations may not specify any threshold of other assets above which a

 

person is not eligible to receive a deferred payment loan.’.

 

Liz Kendall

 

Mr Jamie Reed

 

107

 

Clause  35,  page  31,  line  27,  at end insert—

 

‘(5A)    

Regulations under this section must provide that—

 

(a)    

a local authority shall direct anyone considering a deferred payment

 

arrangement to an appropriately qualified financial adviser or to

 

appropriately qualified financial advisers; and

 

(b)    

any loan under this scheme shall be sufficient to pay for advice under

 

paragraph (a) above.’.


 
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