House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

83

House of Commons

Tuesday 14 January 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Care Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [9 January 2014].

Liz Kendall

Mr Jamie Reed

80

Clause  5,  page  5,  line  40,  at end insert—

‘(g)
the importance of ensuring independent and effective advocacy services

from those with the relevant skills.’.

Liz Kendall

Mr Jamie Reed

81

Clause  5,  page  5,  line  42,  after ‘sufficient’, insert ‘and appropriate’.

Paul Burstow

Sarah Newton

34

Clause  5,  page  5,  line  48,  at end insert—

‘(4A)
Regulations may make provision for arrangements for the independent arbitration

of disputes between local authorities and providers concerning the fees paid by

local authorities, the regulations shall prescribe the matters that are material to

making a determination and the circumstances in which the arbitrator’s

determination is binding on relevant parties.’.

Public Bill Committee: 14 January 2014
84

Care Bill-[Lords], continued

Paul Burstow

Sarah Newton

35

Clause  6,  page  6,  line  38,  after ‘housing’, insert ‘or other provider of housing for

vulnerable or older people’.

Paul Burstow

Sarah Newton

36

Clause  6,  page  6,  line  45,  after ‘housing’, insert ‘and town planning’.

Liz Kendall

Mr Jamie Reed

82

Clause  6,  page  7,  line  23,  at end insert—

‘(f)
sharing information and data so as to ensure high quality care and

support.’.

Liz Kendall

Mr Jamie Reed

83

Clause  6,  page  7,  line  40,  at end insert—

‘(i)
housing providers.’.

Norman Lamb

1

Clause  7,  page  8,  line  23,  leave out subsection (6).

Liz Kendall

Mr Jamie Reed

84

Clause  10,  page  9,  line  41,  after ‘adult’, insert ‘or an individual under the age of 18

with caring responsibilities’.

Liz Kendall

Mr Jamie Reed

85

Clause  10,  page  9,  line  42,  after ‘(an “adult needing care”)’, insert ‘or a disabled

child’.

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

Public Bill Committee: 14 January 2014
85

Care Bill-[Lords], continued

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

86

Clause  12,  page  11,  line  47,  at end insert—

‘( )
specify when an assessment must be carried out face to face.’.

Liz Kendall

Mr Jamie Reed

87

Clause  12,  page  11,  line  47,  at end insert—

‘( )
require joint working with organisations with appropriate expertise in

exercising local authorities’ functions under sections 9, 10 and 11.’.

Paul Burstow

Heather Wheeler

Sarah Newton

Grahame M. Morris

Dr Sarah Wollaston

Mr David Ward

37

Clause  13,  page  13,  line  31,  leave out subsection (7) and insert—

‘(7)
Needs meet the eligibility criteria when—

(a)

(i)
there is, or will be, an inability to carry out several personal care

or domestic routines and/or

(ii)
the individual will be unable to maintain control over several

aspects of their day-to-day life or;

(iii)
involvement in several aspects of work, education, training or

recreation cannot or will not be sustained; and/or

(iv)
several domestic, family and personal relationships cannot or

will not be sustained; and/or

(v)
there is a risk of abuse or neglect,

(b)
they form part of a combination of needs described in paragraph (a).’.

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 affirmative resolution

procedure.’.

Public Bill Committee: 14 January 2014
86

Care Bill-[Lords], continued

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).’.

Paul Burstow

38

Clause  14,  page  14,  line  9,  at end insert ‘and in assessing the cost a local authority

incurs, it must (unless either Condition 2 in section 18, or either Condition 2 or Condition

4 in section 20, is met) ignore the cost it incurs (directly or indirectly) in assessing that

need under sections 9 or 10.’.

Paul Burstow

39

Clause  14,  page  14,  line  9,  at end insert—

‘(4A)
Where a local authority that meets an individual’s needs under sections 18 to 20

is satisfied that the individual’s means are insufficient for it to be reasonably

practicable for the individual to pay the amount which would otherwise be

charged, the authority shall not require the individual to pay more for it than it

appears to them that is it reasonably practicable to be paid.’.

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

102

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

‘(9)
The Secretary of State must report to Parliament—

Public Bill Committee: 14 January 2014
87

Care Bill-[Lords], continued

(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

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

distributional impact across different levels of income.’.

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

95

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

‘(14)
The regulations in subsection (7) are subject to the affirmative resolution

procedure.’.

Paul Burstow

40

Clause  18,  page  17,  line  32,  after the first ‘adult’, insert ‘(or someone acting on the

adult’s behalf if the adult lacks capacity to arrange for the provision of care)’.

Paul Burstow

53

Clause  19,  page  18,  line  28,  leave out ‘may’ and insert ‘should’.

Paul Burstow

54

Clause  19,  page  18,  line  28,  after ‘needs’, insert ‘and their carer’s needs’.

Public Bill Committee: 14 January 2014
88

Care Bill-[Lords], continued

Paul Burstow

41

Clause  22,  page  20,  line  32,  after ‘is’ insert ‘authorised or’.

Member’s explanatory statement

This amendment seeks to introduce wording which replicates the terms used in other legislation

on the boundaries between social and health care in order to meet the concerns of the Joint

Committee on the draft Bill about a court’s likely interpretation of any substantive differences

introduced by this Bill.

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.’.

Mrs Emma Lewell-Buck

113


Clause  24,  page  22,  line  26,  at end add—

‘(3A)
The Secretary of State after consultation must establish by regulation a specified

timeframe for the conclusion of the steps required of local authorities by virtue of

this section.’.

Norman Lamb

108


Clause  25,  page  24,  line  21,  at end insert—

‘(14)
The regulations may in particular specify that the paragraphs in question do not

apply as regards specified needs or matters.’.

Paul Burstow

88

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

‘(4)
Where the needs are to be met through a direct payment, the costs to the local

authority must mean the costs to the adult of meeting those needs.’.

Public Bill Committee: 14 January 2014
89

Care Bill-[Lords], continued

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).’.

Mrs Emma Lewell-Buck

114


Clause  27,  page  24,  line  4,  leave out ‘keep under review generally’ and insert

‘review regularly’.

Mrs Emma Lewell-Buck

115


Clause  27,  page  25,  line  33,  at end add—

‘(5A)
The Secretary of State after consultation must establish by regulation appropriate

arrangements and timetable for the regular review of care and support plans and

of support plans by local authorities provided for in subsection (a).’.

Paul Burstow

89

Clause  28,  page  25,  line  37,  at end insert—

‘(1A)
The specified costs to the local authority must mean the costs to the adult of the

meeting their eligible needs.’.

Norman Lamb

109


Clause  33,  page  29,  line  22,  at end insert—

‘(da)
cases or circumstances in which an adult who lacks capacity to request

the making of direct payments must or may nonetheless be regarded for

the purposes of this Part or the regulations as having capacity to do so;’.

Norman Lamb

110


Clause  33,  page  29,  line  24,  leave out ‘request the making of direct payments’ and

insert ‘make such a request’.

Norman Lamb

111


Clause  33,  page  29,  line  25,  leave out ‘the purposes of this Part or the regulations’



© Parliamentary copyright	Revised 14 January 2014