Care Bill [HL]

Amendments
to be moved
in committee

[Supplementary to the Third Marshalled List]

Clause 1

BARONESS CAMPBELL OF SURBITON

BARONESS WILKINS

 

Page 2, line 8, at end insert—

“( )   the need to ensure that decisions about the individual draw on
appropriate health expertise and take account of health factors
relevant to the individual’s circumstances;”

Clause 2

LORD HUNT OF KINGS HEATH

LORD LOW OF DALSTON

 

Page 2, line 32, at end insert—

“( )   The general duty of a local authority, in exercising a function under this
Part in the case of an individual, is to prevent, delay or reduce needs for
care and support.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

Page 2, line 33, after “authority” insert “working in collaboration with relevant
partners”

 

Page 3, line 1, after “carers” insert “, both adult carers and individuals under the
age of 18 with caring responsibilities,”

Clause 3

LORD PATEL

 

Page 3, line 31, after “Part” insert “by engaging with service users, providers and
carers”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

Page 3, line 41, at end insert—

“( )   In exercising its duties under this section, a local authority must have
regard to the relevant joint strategic needs assessments and joint health and
wellbeing strategies required under sections 116 and 116A of the Local
Government and Public Involvement in Health Act 2007.”

Clause 4

LORD SHARKEY

 

Page 4, line 25, leave out “seek to ensure that what it provides is” and insert
“ensure that what it provides is demonstrably”

Clause 5

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

Page 4, line 45, leave out “high quality services” and insert “services appropriate to
their needs as identified in the needs assessment and carer’s assessment”

 

Page 5, line 2, at end insert—

“( )   In performing that duty, a local authority must ensure that those in receipt
of care and support services, carers, and providers of care and support
services are involved in the shaping that market.”

 

Page 5, line 19, at end insert—

“( )   the importance of fostering a sustainable workforce through
encouraging the acquisition of skills and working conditions which
support continuity and quality of care”

Clause 6

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

Page 6, line 17, at end insert—

“( )   the relevant Health and Wellbeing Board”

 

Page 6, line 47, at end insert—

“( )   registered housing providers, including housing associations and
registered social landlords;”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 6
stand part of the Bill
.

Clause 8

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill
.

Clause 9

BARONESS WILKINS

 

Page 8, line 25, at end insert—

“( )   A local authority, in carrying out a needs assessment, must have regard
to—

(a)   whether the adult works or wishes to do so, and

(b)   whether the adult is participating in or wishes to participate in
education, training or recreation.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 9
stand part of the Bill
.

Clause 12

BARONESS CAMPBELL OF SURBITON

BARONESS WILKINS

 

Page 10, line 25, at end insert—

“( )   require the local authority, in carrying out the assessment, to have
regard to the health needs of the adult or carer to whom the
assessment relates and any health provision which the adult or
carer is entitled to receive;”

Clause 13

BARONESS CAMPBELL OF SURBITON

BARONESS WILKINS

 

Page 12, line 21, at end insert “including the effect of any needs arising from a
physical or mental health condition”

 

Page 12, line 22, at end insert “including any health provision which the adult is
entitled to receive”

Clause 15

LORD SHARKEY

 

Page 13, line 46, at end insert—

“( )   The Secretary of State has a duty to ensure that there is, through national
public awareness campaigns, a high level of public awareness and
understanding of the terms and implications of the cap on the cost of care.”

Clause 19

LORD PATEL

 

Page 16, line 41, at end insert—

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

 

Page 16, line 43, at end insert—

“( )   For the purposes of this section a person is “terminally ill” at any time if at
that time the person suffers from a progressive disease and the person’s
death in consequence of that disease can reasonably be expected within 6
months (as set out in section 82(4) of the Welfare Reform Act 2012).”

Clause 25

BARONESS CAMPBELL OF SURBITON

BARONESS WILKINS

 

Page 21, line 5, at end insert “and the health needs which should be met by the NHS
bodies in the local authority’s area”

Clause 27

BARONESS CAMPBELL OF SURBITON

BARONESS WILKINS

 

Page 23, line 9, after “25(1)(d)),” insert—

“( )   must have regard to any changes in the health needs of the adult to
whom the plan relates or the health provision which the adult is
entitled to receive,”

 

Page 23, line 20, after “25(1)(d)),” insert—

“( )   must have regard to any changes in the health needs of the carer to
whom the plan relates or the health provision which the carer is
entitled to receive,”

Clause 31

LORD SHARKEY

 

Page 26, line 7, leave out from “authority” to end of line 8 and insert “has made
known in writing to and discussed with the adult or nominated person the criteria
it uses to satisfy itself that the adult or nominated person is capable of managing
direct payments and is satisfied that the adult or nominated person is so capable—”

Clause 36

BARONESS CAMPBELL OF SURBITON

 

Page 30, line 43, after “4)” insert “and keep the adult and the carer informed of
progress”

 

Page 31, line 22, after “have” insert “due”

 

Page 31, line 24, at end insert “with a view to securing, so far as reasonably
practicable, the same outcomes”

 

Page 32, line 13, at end insert— “and

(d)   “outcomes” are the outcomes referred to in sections 9(4)(b) and
10(5)(d)”

Clause 37

BARONESS CAMPBELL OF SURBITON

 

Page 32, line 43, leave out subsection (6) and insert—

“( )   Until the authority reasonably believes that the second authority has
complied with the duty under subsection (1), it must continue to meet the
adult’s needs for care and support and, if the adult has a carer, such needs
for support as the carer has.

( )   The first authority may recover from the second authority the costs it incurs
in continuing to meet the adult’s or carer’s needs.”

Clause 66

LORD SHARKEY

 

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.”

Prepared 29th June 2013