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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [9 January 2014]. |
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| Clause 17, page 17, line 15, at end add— |
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| | ‘(14) | The regulations in subsection (7) are subject to the affirmative resolution |
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| Clause 18, page 17, line 32, after the first ‘adult’, insert ‘(or someone acting on the |
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| adult’s behalf if the adult lacks capacity to arrange for the provision of care)’. |
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| Clause 19, page 18, line 28, leave out ‘may’ and insert ‘should’. |
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| Clause 19, page 18, line 28, after ‘needs’, insert ‘and their carer’s needs’. |
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| Clause 22, page 20, line 32, after ‘is’ insert ‘authorised or’. |
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| | Member’s explanatory statement
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| | This amendment seeks to introduce wording which replicates the terms used in other legislation |
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| | on the boundaries between social and health care in order to meet the concerns of the Joint |
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| | Committee on the draft Bill about a court’s likely interpretation of any substantive differences |
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| Clause 23, page 22, line 2, at end add— |
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| | ‘(2A) | Where a local authority is unable to meet the adult’s needs for care and support |
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| | without the provision of housing of a specified nature or location, subsection (1) |
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| Clause 24, page 22, line 26, at end add— |
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| | ‘(3A) | The Secretary of State after consultation must establish by regulation a specified |
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| | timeframe for the conclusion of the steps required of local authorities by virtue of |
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| Clause 25, page 24, line 21, at end insert— |
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| | ‘(14) | The regulations may in particular specify that the paragraphs in question do not |
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| | apply as regards specified needs or matters.’. |
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| Clause 26, page 24, line 40, at end insert— |
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| | ‘(4) | Where the needs are to be met through a direct payment, the costs to the local |
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| | authority must mean the costs to the adult of meeting those needs.’. |
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| Clause 26, page 24, line 40, at end insert— |
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| | ‘(4) | A personal budget for an adult must be set at a level that would be sufficient to |
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| | meet all of that adult’s eligible needs as assessed by regulations referred to in |
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| Clause 27, page 24, line 4, leave out ‘keep under review generally’ and insert |
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| Clause 27, page 25, line 33, at end add— |
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| | ‘(5A) | The Secretary of State after consultation must establish by regulation appropriate |
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| | arrangements and timetable for the regular review of care and support plans and |
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| | of support plans by local authorities provided for in subsection (a).’. |
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| Clause 28, page 25, line 37, at end insert— |
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| | ‘(1A) | The specified costs to the local authority must mean the costs to the adult of the |
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| | meeting their eligible needs.’. |
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| Clause 33, page 29, line 22, at end insert— |
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| | ‘(da) | cases or circumstances in which an adult who lacks capacity to request |
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| | the making of direct payments must or may nonetheless be regarded for |
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| | the purposes of this Part or the regulations as having capacity to do so;’. |
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| Clause 33, page 29, line 24, leave out ‘request the making of direct payments’ and |
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| insert ‘make such a request’. |
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| Clause 33, page 29, line 25, leave out ‘the purposes of this Part or the regulations’ |
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| and insert ‘any of those purposes’. |
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| Clause 34, page 30, line 46, at end insert— |
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| | ‘(9) | The Secretary of State shall make available to all local authorities a model |
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| | deferred payment scheme and all local authorities must follow this model unless |
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| | they can show due cause not to.’. |
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| Clause 35, page 31, line 15, at end insert— |
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| | ‘(3A) | The regulations must require any interest incurred on an adult’s deferred amount |
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| | or interest on an amount charged under subsection (1)(b) to count towards the set |
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| | level above which an adult starts receiving financial assistance with the costs of |
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| Clause 35, page 31, line 20, at end insert— |
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| | ‘(4A) | The regulations may not specify any threshold of other assets above which a |
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| | person is not eligible to receive a deferred payment loan.’. |
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| Clause 35, page 31, line 27, at end insert— |
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| | ‘(5A) | Regulations under this section must provide that— |
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| | (a) | a local authority shall direct anyone considering a deferred payment |
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| | arrangement to an appropriately qualified financial adviser or to |
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| | appropriately qualified financial advisers; and |
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| | (b) | any loan under this scheme shall be sufficient to pay for advice under |
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| Clause 35, page 32, line 12, at end add— |
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| | ‘(11) | The regulations in subsection (1) are subject to the affirmative resolution |
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| Clause 42, page 38, line 13, at end add ‘if the local authority has reason to believe |
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| enquiries are being impeded such that it cannot determine whether any action is necessary |
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| it shall record whether or not an application for an adult safeguarding access order was |
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| considered or made under section [ ].’. |
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| Clause 42, page 38, line 14, leave out subsection (3) and insert— |
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| | (d) | financial abuse, which includes— |
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| | (i) | having money or other property stolen; |
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| | (iii) | being put under pressure in relation to money or other property; |
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| | (iv) | having money or other property misused; |
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| | (e) | neglect and acts of omission; |
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| | (f) | discriminatory abuse; and |
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| | (g) | other, as guidance may specify.’. |
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| Clause 42, page 38, line 19, at end add— |
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| | ‘(4) | A relevant partner (as identified in section 6(7)) has a duty, where it has |
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| | reasonable cause to suspect a person is an adult at risk of abuse or neglect, and the |
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| | adult appears to be within the local authority’s area, to inform the local authority |
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| Clause 42, page 38, line 19, at end insert— |
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| | ‘(4) | In the case of financial abuse, investigation may be instigated following a |
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| | complaint from a person with power of attorney for an adult having needs for care |
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| Schedule 2, page 119, line 24, at end insert— |
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| | ‘(e) | The Secretary of State.’. |
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| Schedule 2, page 119, line 24, at end insert— |
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| | ‘(e) | The Chief Inspector for Social Care.’. |
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| Page 41, line 2, leave out Clause 48. |
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| Clause 60, page 51, line 37, leave out ‘”Parent” and “carer” each have’ and insert |
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| Clause 61, page 51, line 39, after ‘child’, insert ‘has or’. |
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| Clause 61, page 51, line 40, leave out ‘after the child becomes 18’. |
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| Clause 61, page 51, line 41, leave out ‘significant’. |
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| Clause 61, page 51, line 44, at beginning insert ‘where the child is 16 or over’. |
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| Clause 61, page 52, line 20, leave out ‘with “parent” having the meaning given in |
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| Clause 62, page 53, line 10, leave out subsections (5) and (6). |
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| Clause 62, page 53, line 19, at end insert— |
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| | ‘(5A) | Where, in the case of a carer to whom a child’s carer’s assessment relates, the |
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| | child becomes 18, the local authority must decide whether to treat the assessment |
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| | as a carer’s assessment; and if the authority decides to do so, this Part applies to |
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| | the child’s carer’s assessment as if it were a carer’s assessment that had been |
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| | carried out after the child had become 18. |
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| | (5B) | In considering what to decide under subsection (5A), a local authority must have |
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| | (a) | when the child’s carer’s assessment was carried out, and |
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| | (b) | whether it appears to the authority that the circumstances of the carer to |
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| | whom the child’s carer’s assessment relates have changed in a way that |
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| | might affect the assessment.’. |
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| Clause 63, page 53, line 30, at end insert— |
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| | ‘(4) | “Carer” has the same meaning as in section 61.’. |
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