Care Bill [HL]

eighth
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 22nd May 2013, as follows—

Clauses 66 and 67
Schedule 3
Clause 68
Schedule 4
Clauses 69 to 73
Clauses 107 to 113

[Amendments marked * are new or have been altered]

Before Clause 66

LORD WARNER

[In substitution for Amendment 106]

104ZBA

Insert the following new Clause—

“Initial funding assessment

Before enactment of Part 1, the Secretary of State must ask the Office for
Budget Responsibility to complete by the end of 2014 a review of the
funding of adult social care that assesses—

(a)   the adequacy of current public funding of these services;

(b)   the proposals for funding the provisions in this Act; and

(c)   the implications of the Act and its funding for the NHS over the
next five years.”

Clause 66

LORD LIPSEY

104ZC

Page 55, line 11, at end insert—

“(h)   the advice of the ministerial advisory committee on the cap and
means-testing arrangements”

LORD SHARKEY

104ZD

Page 55, line 19, at end insert—

“( )   The Secretary of State shall publish annually a report on the percentage of
adults, nationally and by local authority area, who have an awareness and
understanding of the terms and implications of the cap on the cost of care.

( )   The first such annual report shall be published before the end of the period
of one year beginning with the day on which section 15 comes into force.”

After Clause 66

LORD DUBS

104ZE

Insert the following new Clause—

“Access to appeals for care decisions

(1)   In this section “the Tribunal” means the first tier Tribunal.

(2)   Where a local authority—

(a)   makes a decision under section 13(1) that some or all of an adults
needs meet the eligibility criteria, or none of their needs meet the
eligibility criteria,

(b)   exercises its power to charge for meeting needs under section 14,

(c)   completes a financial assessment under section 17,

(d)   makes a determination under section 18 or 19 that it must or may
provide services to meet the adults care and support needs,

(e)   makes a determination under section 20 that it must or may provide
services to meet a carers needs for support,

(f)   has prepared or reviewed a care and support plan, or a care plan
under section 25 or 27,

(g)   has prepared a personal budget under section 26 or 28, or a care
account under section 29,

(h)   the outcome of an inquiry under section 41,

an application may be made to the tribunal within the relevant period.

(3)   The relevant period shall be prescribed by the Secretary of State in
regulations.

(4)   An application may be made by the relevant service user or carer who is the
subject of the relevant decision listed in subsection (2).

(5)   An application may be made by any other person with leave of the
Tribunal.

(6)   The powers of the Tribunal are to—

(a)   dismiss the appeal,

(b)   allow the appeal and quash the decision appealed against, and

(c)   remit the case to the local authority to dispose of in accordance with
the directions of the Tribunal.

(7)   The Tribunal shall have powers to order costs as it see fit.

(8)   The Secretary of State must make regulations concerning the process and
procedures of the Tribunal.

(9)   In making regulations under subsection (8), the Secretary of State must
seek to ensure adequate service user and carer representation on the
Tribunal.”

Schedule 3

BARONESS GREENGROSS

104A

Page 102, line 37, at end insert—

“( )   specify matters which the local authority and relevant partners
must have regard to in carrying out an assessment of a person
who may have care needs following discharge from a hospital or
other acute care setting.”

Clause 68

LORD PATEL OF BRADFORD

105

Page 56, leave out lines 4 to 11 and insert—

““(5)   In this section, “after-care services” means services to reduce the
likelihood of the person requiring admission to a hospital again for
treatment for mental disorder.””

Clause 69

EARL HOWE

105A

Page 57, line 7, at end insert—

“( )   In its application to an adult who is residing in any other premises because
a requirement to do so has been imposed on the adult as a condition of the
grant of bail in criminal proceedings, this Part has effect as if references to
being ordinarily resident in an area were references to being resident in
premises in that area for that reason.”

LORD PATEL OF BRADFORD

105AA

Page 57, line 25, leave out from beginning to “not” in line 26 and insert “Section 46
does”

EARL HOWE

105B

Page 57, line 28, at end insert—

“(6A)    An SAB’s objective under section 42(2) does not include helping and
protecting adults who are detained in prison or residing in approved
premises; but an SAB may nonetheless provide advice or assistance to any
person for the purpose of helping and protecting such adults in its area in
cases of the kind described in section 41(1) (adults with needs for care and
support who are at risk of abuse or neglect).”

105C

Page 57, line 28, at end insert—

“(6B)    Section 43 (safeguarding adults reviews) does not apply to any case
involving an adult in so far as the case relates to any period during which
the adult was—

(a)   detained in prison, or

(b)   residing in approved premises.”

LORD PATEL OF BRADFORD

105CA

Page 57, line 29, leave out subsection (7)

EARL HOWE

105D

Page 57, line 31, leave out from second “officer” to end of line 34

105E

Page 57, line 39, leave out “references” and insert “reference”

105F

Page 57, line 40, leave out “include” and insert “includes”

105G

Page 57, line 44, leave out “references” and insert “reference”

105H

Page 57, line 45, leave out “include” and insert “includes”

105J

Page 58, line 2, at end insert—

“( )   “Bail in criminal proceedings” has the meaning given in section 1 of the Bail
Act 1976.”

105K

Page 58, line 4, leave out paragraphs (a) and (b)

105L

Page 58, line 11, after first “is” insert “temporarily”

105M

Page 58, line 13, after first “is” insert “temporarily”

105N

Page 58, line 14, at end insert—

“( )   a person who is temporarily absent from other premises in which
the person is required to reside as a condition of the grant of bail in
criminal proceedings is to be treated as residing in the premises for
the period of absence”

Clause 70

LORD LOW OF DALSTON

105NA

Page 58, line 20, at end insert—

“( )   A local authority must make contact with adults who have recently been
certified sight-impaired or severely sight-impaired and who are ordinarily
resident in its area.

( )   Regulations may specify the period after the issue of a Certificate of Vision
Impairment within which a local authority must make contact with a sight-
impaired or severely sight-impaired adult and the form of such contact.”

After Clause 70

LORD WARNER

LORD PATEL

BARONESS GREENGROSS

105P

Insert the following new Clause—

“End of life care

After consultation, the Secretary of State may make regulations providing
for—

(a)   the right for an NHS patient to die at the place they regard as home
or normal residence;

(b)   a terminally ill patient who, in the opinion of a registered
practitioner, is likely to die within six months to be exempt from
9local authority charges for adult social care.”

LORD PATEL

LORD WARNER

[As an amendment to Amendment 105P]

105PA


Line 9, at end insert—

  Where an adult is terminally ill, a local authority must consider their needs
for care and support as urgent.”

Clause 71

BARONESS BROWNING

LORD TOUHIG

105Q

Page 58, line 42, at end insert—

“(3)   A local authority, and NHS bodies, must continue to act under general
guidance previously issued by the Secretary of State until a declaration of
intent has been made by the Secretary of State.

(4)   Any general guidance issued by the Secretary of State by regulations under
this Part will, unless specified, use the definition of the NHS body set out
in this Act.”

Clause 72

LORD LOW OF DALSTON

105R

Page 59, line 32, leave out paragraph (a)

After Clause 72

LORD WARNER

105S

Insert the following new Clause—

“Employment practices

(1)   Where the Secretary of State has evidence that employment and payment
practices used by service providers of adult social care are not consistent
with the well being requirements in section 1, he may, after consultation,
direct the cessation of such practices by making regulations.

(2)   Such regulations may provide for financial penalties in respect of
continued use of prohibited practices.”

Before Clause 107

BARONESS DEECH

BARONESS HOOPER

LORD CORMACK

105SA

Insert the following new Clause—

“Unpaid carers and co-dependants: financial rights and obligations

(1)   The Secretary of State must arrange for a review of the legal and financial
rights and obligations of—

(a)   unpaid carers and those they care for, and

(b)   co-dependant family members who share a house,

and who in the case of paragraphs (a) and (b) are adults within the
prohibited degrees of marriage and who have lived together in the same
household for a period of at least five years.

(2)   The review referred to in subsection (1) shall be for the purpose of
considering the creation of a legal status that is non discriminatory and the
review shall include rights and obligations arising on the death of one of
the adults included in subsection (1)(a) and (b).

(3)   The Secretary of State shall report to Parliament on the outcome of the
review and the arrangements made by the Secretary of State must provide
for the review to begin as soon as practicable and include a full public
consultation.”

Clause 109

EARL HOWE

105T

Page 88, line 23, at end insert—

“(ca)   regulations under section 22(2)(b) (services or facilities which a
local authority may not provide or arrange);”

105U

Page 88, line 24, after “35(9)” insert “or (Alternative financial arrangements)(3)”

105V

Page 88, line 26, at end insert—

“(da)   the first regulations under section 49(10) (meaning of “business
failure”);

(db)   the first regulations under section 50(1) (criteria for application of
market oversight regime);

(dc)   the first regulations under section 50(4) (disapplication of market
oversight regime in particular cases);

(dd)   the first regulations under section 59(2) (exercise of power to meet
child’s carer’s needs for support);”

105W

Page 89, line 15, at end insert “and the Department for Health, Social Services and
Public Safety in Northern Ireland”

Clause 111

106

[Withdrawn]

EARL HOWE

106A

Page 89, line 39, leave out “48” and insert “(Temporary duty on local authority in
Wales
)”

106B

Page 89, line 40, leave out from “force,” to first “the” in line 41

106C

Page 89, line 42, at end insert—

“( )   Before making an order under this section bringing section (Temporary duty
on Health and Social Care trust in Northern Ireland
) (provider failure:
temporary duty on Health and Social Care trusts in cross-border cases) into
force, the Secretary of State must obtain the consent of the Department for
Health, Social Services and Public Safety in Northern Ireland.”

LORD WIGLEY

107

Page 89, line 44, at end insert—

“( )   No order appointing a day for Schedule 1 to come into force shall be made
until—

(a)   the report under section 38(7) has been laid before both Parliament;
and

(b)   a draft of the order has been laid before, and approved by, both
Houses of Parliament.”

Clause 112

EARL HOWE

108

Page 90, line 7, at end insert—

“( )   sections (Section 47: cross-border cases), (Temporary duty on local
authority in Wales
), (Temporary duty on Health and Social Care trust in
Northern Ireland
) and 49 (provider failure: temporary duty in
relation to cross-border cases);”

Prepared 26th July 2013