House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

115

House of Commons

Thursday 16 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

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

Sarah Newton

53

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

Public Bill Committee: 16 January 2014
116

Care Bill-[ [], continued

Paul Burstow

Sarah Newton

54

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

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.’.

Public Bill Committee: 16 January 2014
117

Care Bill-[ [], continued

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.’.

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’.

Public Bill Committee: 16 January 2014
118

Care Bill-[ [], continued

Norman Lamb

111

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

and insert ‘any of those purposes’.

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.’.

Public Bill Committee: 16 January 2014
119

Care Bill-[ [], 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 affirmative resolution

procedure.’.

Paul Burstow

42

Clause  42,  page  38,  line  13,  at end add ‘if the local authority has reason to believe

enquiries are being impeded such that it cannot determine whether any action is necessary

it shall record whether or not an application for an adult safeguarding access order was

considered or made under section [ ].’.

Liz Kendall

Mr Jamie Reed

Meg Munn

116

Clause  42,  page  38,  line  14,  leave out subsection (3) and insert—

‘(3)
“Abuse” includes—

(a)
physical abuse;

(b)
sexual abuse;

(c)
psychological abuse;

(d)
financial abuse, which includes—

(i)
having money or other property stolen;

(ii)
being defrauded;

(iii)
being put under pressure in relation to money or other property;

and

(iv)
having money or other property misused;

(e)
neglect and acts of omission;

(f)
discriminatory abuse; and

(g)
other, as guidance may specify.’.

Liz Kendall

Mr Jamie Reed

Meg Munn

117

Clause  42,  page  38,  line  19,  at end add—

‘(4)
A relevant partner (as identified in section 6(7)) has a duty, where it has

reasonable cause to suspect a person is an adult at risk of abuse or neglect, and the

adult appears to be within the local authority’s area, to inform the local authority

of that fact.’.

Public Bill Committee: 16 January 2014
120

Care Bill-[ [], continued

Liz Kendall

Mr Jamie Reed

Meg Munn

118

Clause  42,  page  38,  line  19,  at end insert—

‘(4)
In the case of financial abuse, investigation may be instigated following a

complaint from a person with power of attorney for an adult having needs for care

and support.’.

Liz Kendall

Mr Jamie Reed

Meg Munn

119

Schedule  2,  page  119,  line  24,  at end insert—

‘(e)
The Secretary of State.’.

Liz Kendall

Mr Jamie Reed

Meg Munn

120

Schedule  2,  page  119,  line  24,  at end insert—

‘(e)
The Chief Inspector for Social Care.’.

Norman Lamb

112

Page  41,  line  2,  leave out Clause 48.

Norman Lamb

2

Clause  60,  page  51,  line  37,  leave out ‘”Parent” and “carer” each have’ and insert

‘”Carer” has’.

Paul Burstow

43

Clause  61,  page  51,  line  39,  after ‘child’, insert ‘has or’.

Paul Burstow

44

Clause  61,  page  51,  line  40,  leave out ‘after the child becomes 18’.

Public Bill Committee: 16 January 2014
121

Care Bill-[ [], continued

Paul Burstow

45

Clause  61,  page  51,  line  41,  leave out ‘significant’.

Paul Burstow

46

Clause  61,  page  51,  line  44,  at beginning insert ‘where the child is 16 or over’.

Norman Lamb

3

Clause  61,  page  52,  line  20,  leave out ‘with “parent” having the meaning given in

section 59’.

Paul Burstow

47

Clause  62,  page  53,  line  10,  leave out subsections (5) and (6).

Norman Lamb

4

Clause  62,  page  53,  line  19,  at end insert—

‘(5A)
Where, in the case of a carer to whom a child’s carer’s assessment relates, the

child becomes 18, the local authority must decide whether to treat the assessment

as a carer’s assessment; and if the authority decides to do so, this Part applies to

the child’s carer’s assessment as if it were a carer’s assessment that had been

carried out after the child had become 18.

(5B)
In considering what to decide under subsection (5A), a local authority must have

regard to—

(a)
when the child’s carer’s assessment was carried out, and

(b)
whether it appears to the authority that the circumstances of the carer to

whom the child’s carer’s assessment relates have changed in a way that

might affect the assessment.’.

Norman Lamb

5

Clause  63,  page  53,  line  30,  at end insert—

‘(4)
“Carer” has the same meaning as in section 61.’.



© Parliamentary copyright	Revised 16 January 2014