House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

1

House of Commons

Notices of Amendments

given on

Wednesday 18 December 2013

Public Bill Committee

Care Bill [Lords]

Norman Lamb

1

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

Norman Lamb

2

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

‘”Carer” has’.

Norman Lamb

3

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

section 59’.

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.’.

Notices of Amendments: 18 December 2013
2

Care Bill-[Lords], continued

Norman Lamb

5

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

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

Norman Lamb

6

Clause  64,  page  54,  line  20,  leave out subsection (7).

Norman Lamb

7

Clause  65,  page  55,  line  40,  leave out subsection (9).

Norman Lamb

8

Clause  67,  page  56,  leave out lines 43 to 46 and insert—

‘(1)
Subsections (2) to (4) apply where a local authority in England providing

services for a child in need in the exercise of functions conferred by

section 17—

(a)
are required by section 59(1) or 64(1) of the Care Act 2014 to

carry out a child’s needs assessment or young carer’s assessment

in relation to the child, or

(b)
are required by section 61(1) of that Act to carry out a child’s

carer’s assessment in relation to a carer of the child.’.

Norman Lamb

9

Clause  67,  page  57,  line  1,  leave out ‘requested’.

Norman Lamb

10

Clause  67,  page  57,  line  3,  after ‘60(6)’ insert ‘, 62(5A)’.

Norman Lamb

11

Clause  67,  page  57,  line  7,  leave out ‘requested’.

Norman Lamb

12

Clause  67,  page  57,  line  9,  after ‘60(6)’ insert ‘, 62(5A)’.

Norman Lamb

13

Clause  67,  page  57,  line  15,  leave out ‘decide to comply with the request but’.

Notices of Amendments: 18 December 2013
3

Care Bill-[Lords], continued

Norman Lamb

14

Clause  67,  page  57,  line  21,  at end insert—

‘(4A)
Subsection (5) applies where a local authority in England providing

services for a child in need in the exercise of functions conferred by

section 17—

(a)
receive a request for a child’s needs assessment or young carer’s

assessment to be carried out in relation to the child or for a

child’s carer’s assessment to be carried out in relation to a carer

of the child, but

(b)
have yet to be required by section 59(1), 61(1) or 64(1) of the

Care Act 2014 to carry out the assessment.’.

Norman Lamb

15

Clause  67,  page  57,  line  38,  after first ‘assessment”,’ insert ‘“child’s carer’s

assessment”,’.

Norman Lamb

16

Clause  67,  page  58,  leave out lines 11 to 13 and insert—

‘(1)
Subsections (2) to (4) apply where a local authority in England making

arrangements for a disabled child under section 2 are required by section

59(1) of the Care Act 2014 to carry out a child’s needs assessment in

relation to the child.’.

Norman Lamb

17

Clause  67,  page  58,  line  14,  leave out ‘requested’

Norman Lamb

18

Clause  67,  page  58,  line  20,  leave out ‘requested’

Norman Lamb

19

Clause  67,  page  58,  line  27,  leave out ‘decide to comply with the request but’

Norman Lamb

20

Clause  67,  page  58,  line  33,  at end insert—

‘(4A)
Subsection (5) applies where a local authority in England making

arrangements for a disabled child under section 2—

(a)
receive a request for a child’s needs assessment to be carried out

in relation to the child, but

(b)
have yet to be required by section 59(1) of the Care Act 2014 to

carry out the assessment.’.

Norman Lamb

21

Clause  67,  page  59,  line  5,  leave out subsection (4).

Notices of Amendments: 18 December 2013
4

Care Bill-[Lords], continued

Norman Lamb

22

Clause  79,  page  71,  line  18,  at end insert—

‘Child’s carer’s assessment
Section 61(2)

Child’s needs assessment
Section 59(2)’.

Norman Lamb

23

Clause  79,  page  71,  line  29,  at end insert—

‘Parent
Section 59(6)’.

Norman Lamb

24

Clause  79,  page  72,  line  3,  at end insert—

“Young carer
Section 64(6)

Young carer’s assessment
Section 64(2)”

Rights of appeal

Norman Lamb

NC1

To move the following Clause:—

‘(1)
In section 26 of the Health and Social Care Act 2008 (registration procedure:

notice of proposals), after subsection (4) insert—

“(4A)
Where a proposal under subsection (4) names an individual and specifies

action that the Commission would require the registered person to take in

relation to that individual, the Commission must give that individual

notice in writing of the proposal.”

(2)
In section 28 of that Act (notice of decisions), in subsection (6), for “subsection

(7)” substitute “subsections (7) to (9)”.

(3)
In that section, after subsection (7) insert—

“(8)
But in a case where notice of the proposal has been given to an individual

under section 26(4A) subsection (7) does not apply unless, by the time

the Commission receives the applicant’s notification, it has received

notification from the individual that he or she does not intend to appeal.

(9)
And if the Commission receives notification from the individual after it

receives the applicant’s notification and before the end of the period

mentioned in subsection (6)(a), the decision is to take effect when the

Commission receives the individual’s notification.”’.

Notices of Amendments: 18 December 2013
5

Care Bill-[Lords], continued

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

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

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

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)

(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.

(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;

(b)
in any other case, in such manner as the Board considers

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”).

(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”);

(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;

Notices of Amendments: 18 December 2013
6

Care Bill-[Lords], continued

(d)
conditions relating to the meeting of any performance objectives

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);

(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)—

(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

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

(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

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

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

following—

(a)
health services (see subsection (12)),

(b)
health-related services (within the meaning given in section

14Z1), and

(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.

(12)
“Health services” means services provided as part of the health service in

England.”.’.

Notices of Amendments: 18 December 2013
7

Care Bill-[Lords], continued

Norman Lamb

25

Title,  line  5,  after ‘Authority;’ insert ‘to make provision about integrating care and

support with health services;’.



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