Care Bill (HL Bill 1)

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63 Continuity of services under other legislation

(1) Before section 17A of the Children Act 1989 insert—

17ZB Section 17 services: transition for children to adult care and support

(1) This section applies where a local authority in England providing
5services for a child in need in the exercise of functions conferred by
section 17 receive a request for a child’s needs assessment or a young
carer’s assessment to be carried out in relation to the child.

(2) If the local authority carry out the requested assessment before the
child reaches the age of 18 and decide to treat it as a needs or carer’s
10assessment in accordance with section 56(4) or 61(5) of the Care Act
2013 (with Part 1 of that Act applying to the assessment as a result), the
authority must continue to comply with section 17 after the child
reaches the age of 18 until they reach a conclusion in his case.

(3) If the local authority carry out the requested assessment before the
15child reaches the age of 18 but decide not to treat it as a needs or carer’s
assessment in accordance with section 56(4) or 61(5) of the Care Act
2013—

(a) they must carry out a needs or carer’s assessment (as the case
may be) after the child reaches the age of 18, and

(b) 20they must continue to comply with section 17 after he reaches
that age until they reach a conclusion in his case.

(4) If the local authority decide to comply with the request but do not carry
out the assessment before the child reaches the age of 18, they must
continue to comply with section 17 after he reaches that age until—

(a) 25they decide that the duty under section 9 or 10 of the Care Act
2013 (needs or carer’s assessment) does not apply, or

(b) having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(5) If the local authority do not decide, before the child reaches the age of
3018, whether or not to comply with the request, they must continue to
comply with section 17 after he reaches that age until—

(a) they decide that the duty under section 9 or 10 of the Care Act
2013 does not apply, or

(b) having decided that the duty applies and having discharged it,
35they reach a conclusion in his case.

(6) A local authority reach a conclusion in a person’s case when—

(a) they conclude that he does not have needs for care and support
or for support (as the case may be), or

(b) having concluded that he has such needs and that they are
40going to meet some or all of them, they begin to do so, or

(c) having concluded that he has such needs, they conclude that
they are not going to meet any of those needs (whether because
those needs do not meet the eligibility criteria or for some other
reason).

(7) 45In this section, “child’s needs assessment”, “young carer’s assessment”,
“needs assessment”, “carer’s assessment” and “eligibility criteria” each
have the same meaning as in Part 1 of the Care Act 2013.

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17ZC Section 17 services: provision after EHC plan no longer maintained

(1) This section applies where a local authority in England providing
services for a person in the exercise, by virtue of section 17ZA, of
functions conferred by section 17 are required to carry out a needs
5assessment in that person’s case.

(2) If the EHC plan for the person ceases to be maintained before the local
authority reach a conclusion in the person’s case, they must continue to
comply with section 17 until they do reach a conclusion in his case.

(3) The references to the local authority reaching a conclusion in a person’s
10case are to be read with section 17ZB(6).

(4) In this section, “needs assessment” has the same meaning as in Part 1 of
the Care Act 2013.

(2) In section 17ZA of that Act (continued provision of services under section 17
where EHC plan maintained), in subsection (2), after “after the EHC plan has
15ceased to be maintained” insert “, except in so far as the authority is required
to do so under section 17ZB or 17ZC”.

(3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—

2A Welfare services: transition for children to adult care and support

(1) This section applies where a local authority in England making
20arrangements for a disabled child under section 2 receive a request for
a child’s needs assessment to be carried out in relation to the child.

(2) If the local authority carry out the requested assessment before the
child reaches the age of 18 and decide to treat it as a needs assessment
in accordance with section 56(4) of the Care Act 2013 (with Part 1 of that
25Act applying to the assessment as a result), the authority must continue
to comply with section 2 after the child reaches the age of 18 until they
reach a conclusion in his case.

(3) If the local authority carry out the requested assessment before the
child reaches the age of 18 but decide not to treat it as a needs
30assessment in accordance with section 56(4) of that Act—

(a) they must carry out a needs assessment after the child reaches
the age of 18, and

(b) they must continue to comply with section 2 after he reaches
that age until they reach a conclusion in his case.

(4) 35If the local authority decide to comply with the request but do not carry
out the assessment before the child reaches the age of 18, they must
continue to comply with section 2 after he reaches that age until—

(a) they decide that the duty under section 9 of the Care Act 2013
(needs assessment) does not apply, or

(b) 40having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(5) If the local authority do not decide, before the child reaches the age of
18, whether or not to comply with the request, they must continue to
comply with section 2 after he reaches that age until—

(a) 45they decide that the duty under section 9 of the Care Act 2013
does not apply, or

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(b) having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(6) A local authority reach a conclusion in a person’s case when—

(a) they conclude that he does not have needs for care and support,

(b) 5having concluded that he has such needs and that they are
going to meet some or all of them, they begin to do so, or

(c) having concluded that he has such needs, they conclude that
they are not going to meet any of those needs (whether because
those needs do not meet the eligibility criteria or for some other
10reason).

(7) In this section, “child’s needs assessment”, “needs assessment” and
“eligibility criteria” each have the same meaning as in Part 1 of the Care
Act 2013.

(4) After section 2 of the Carers and Disabled Children Act 2000 insert—

2A 15Services for carers: transition for young carers to adult support

(1) This section applies where a local authority in England providing
services for a carer aged under 18 as mentioned in section 2 receive a
request for a young carer’s assessment to be carried out in relation to
the carer.

(2) 20If the local authority carry out the requested assessment before the
carer reaches the age of 18 and decide to treat it as a carer’s assessment
in accordance with section 61(5) of the Care Act 2013 (with Part 1 of that
Act applying to the assessment as a result), the authority must continue
to comply with section 2 after the carer reaches the age of 18 until they
25reach a conclusion in his case.

(3) If the local authority carry out the requested assessment before the
carer reaches the age of 18 but decide not to treat it as a carer’s
assessment in accordance with section 61(5) of that Act—

(a) they must carry out a carer’s assessment after the carer reaches
30the age of 18, and

(b) they must continue to comply with section 2 after he reaches
that age until they reach a conclusion in his case.

(4) If the local authority decide to comply with the request but do not carry
out the assessment before the carer reaches the age of 18, they must
35continue to comply with section 2 after he reaches that age until—

(a) they decide that the duty under section 10 of the Care Act 2013
(carer’s assessment) does not apply, or

(b) having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(5) 40If the local authority do not decide, before the carer reaches the age of
18, whether or not to comply with the request, they must continue to
comply with section 2 after he reaches that age until—

(a) they decide that the duty under section 10 of the Care Act 2013
does not apply, or

(b) 45having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(6) A local authority reach a conclusion in a carer’s case when—

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(a) they conclude that he does not have needs for support, or

(b) having concluded that he has such needs and that they are
going to meet some or all of them, they begin to do so, or

(c) having concluded that he has such needs, they conclude that
5they are not going to meet any of those needs (whether because
those needs do not meet the eligibility criteria or for some other
reason).

(7) In this section, “young carer’s assessment”, “carer’s assessment” and
“eligibility criteria” each have the same meaning as in Part 1 of the Care
10Act 2013.

Enforcement of debts

64 Recovery of charges, interest etc.

(1) Any sum due to a local authority under this Part is recoverable by the authority
as a debt due to it.

(2) 15But subsection (1) does not apply in a case where a deferred payment
agreement could, in accordance with regulations under section 34(1), be
entered into, unless—

(a) the local authority has sought to enter into such an agreement with the
adult from whom the sum is due, and

(b) 20the adult has refused.

(3) A sum is recoverable under this section—

(a) in a case in which the sum becomes due to the local authority on or after
the commencement of this section, within six years of the date the sum
becomes due;

(b) 25in any other case, within three years of the date on which it becomes
due.

(4) Where a person misrepresents or fails to disclose (whether fraudulently or
otherwise) to a local authority any material fact in connection with the
provisions of this Part, the following sums are due to the authority from the
30person—

(a) any expenditure incurred by the authority as a result of the
misrepresentation or failure, and

(b) any sum recoverable under this section which the authority has not
recovered as a result of the misrepresentation or failure.

(5) 35The costs incurred by a local authority in recovering or seeking to recover a
sum due to it under this Part are recoverable by the authority as a debt due to it.

(6) Regulations may—

(a) make provision for determining the date on which a sum becomes due
to a local authority for the purposes of this section;

(b) 40specify cases or circumstances in which a sum due to a local authority
under this Part is not recoverable by it under this section;

(c) specify cases or circumstances in which a local authority may charge
interest on a sum due to it under this Part;

(d) where interest is chargeable, provide that it—

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(i) must be charged at a rate specified in or determined in
accordance with the regulations, or

(ii) may not be charged at a rate that exceeds the rate specified in or
determined in accordance with the regulations.

65 5Transfer of assets to avoid charges

(1) This section applies in a case where an adult’s needs have been or are being
met by a local authority under sections 18 to 20 and where—

(a) the adult has transferred an asset to another person (a “transferee”),

(b) the transfer was undertaken with the intention of avoiding charges for
10having the adult’s needs met, and

(c) either the consideration for the transfer was less than the value of the
asset or there was no consideration for the transfer.

(2) The transferee is liable to pay to the local authority an amount equal to the
difference between—

(a) 15the amount the authority would have charged the adult were it not for
the transfer of the asset, and

(b) the amount it did in fact charge the adult.

(3) But the transferee is not liable to pay to the authority an amount which exceeds
the benefit accruing to the transferee from the transfer.

(4) 20Where an asset has been transferred to more than one transferee, the liability
of each transferee is in proportion to the benefit accruing to that transferee from
the transfer.

(5) “Asset” means anything which may be taken into account for the purposes of
a financial assessment.

(6) 25The value of an asset (other than cash) is the amount which would have been
realised if it had been sold on the open market by a willing seller at the time of
the transfer, with a deduction for—

(a) the amount of any incumbrance on the asset, and

(b) a reasonable amount in respect of the expenses of the sale.

(7) 30Regulations may specify cases or circumstances in which liability under
subsection (2) does not arise.

Review of funding provisions

66 Five-yearly review by Secretary of State

(1) The Secretary of State must review—

(a) 35the level at which the cap on care costs is for the time being set under
regulations under section 15(4),

(b) the level at which the amount attributable to an adult’s daily living
costs is for the time being set under regulations under section 15(8), and

(c) the level at which the financial limit is for the time being set under
40regulations under section 17(8).

(2) In carrying out the review, the Secretary of State must have regard to—

(a) the financial burden on the state of each of those matters being at the
level in question,

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(b) the financial burden on local authorities of each of those matters being
at the level in question,

(c) the financial burden on adults who have needs for care and support of
each of those matters being at the level in question,

(d) 5the length of time for which people can reasonably be expected to live
in good health,

(e) changes in the ways or circumstances in which adults’ needs for care
and support are being or are likely to be met,

(f) changes in the prevalence of conditions for which the provision of care
10and support is or is likely to be required, and

(g) such other factors as the Secretary of State considers relevant.

(3) The Secretary of State must prepare and publish a report on the outcome of the
review.

(4) The first report must be published before the end of the period of five years
15beginning with the day on which section 15 comes into force.

(5) Each subsequent report must be published before the end of the period of five
years beginning with the day on which the previous report was published.

(6) The Secretary of State may arrange for some other person to carry out the
whole or part of a review under this section on the Secretary of State’s behalf.

(7) 20The Secretary of State must lay before Parliament a report prepared under this
section.

Miscellaneous

67 Discharge of hospital patients with care and support needs

Schedule 3 (which includes provision about the discharge of hospital patients
25with care and support needs) has effect.

68 After-care under the Mental Health Act 1983

(1) In section 117 of the Mental Health Act 1983 (after-care), in subsection (2), after
“to provide” insert “or arrange for the provision of”.

(2) In subsection (2D) of that section, for the words from “as if” to the end
30substitute “as if the words “provide or” were omitted.”

(3) In subsection (3) of that section, after “means the local social services authority”
insert

(a) if, immediately before being detained, the person concerned
was ordinarily resident in England, for the area in England in
35which he was ordinarily resident;

(b) if paragraph (a) does not apply in his case but he was detained
in a hospital in England and is sent on discharge by that hospital
to an area in England, for that area; or

(c) in any other case.

(4) 40After that subsection insert—

(4) Section 39 of the Care Act 2013 applies to a dispute about where a
person was ordinarily resident for the purposes of subsection (3)(a)

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above as it applies to a dispute about where a person was ordinarily
resident for the purposes of Part 1 of that Act.

(5) After subsection (4) insert—

(5) In this section, “after-care services” means services which have both of
5the following purposes—

(a) meeting a need arising from or related to the mental disorder of
the person concerned; and

(b) reducing the risk of a deterioration of the person’s mental
condition (and, accordingly, to reduce the risk of the person
10requiring admission to a hospital again for treatment for the
disorder).

(6) After section 117 of that Act insert—

117A After-care: preference for particular accommodation

(1) The Secretary of State may by regulations provide that where—

(a) 15the local social services authority under section 117 is, in
discharging its duty under subsection (2) of that section,
providing or arranging for the provision of accommodation for
the person concerned;

(b) the person concerned expresses a preference for particular
20accommodation; and

(c) any prescribed conditions are met,

the local social services authority must provide or arrange for the
provision of the person’s preferred accommodation.

(2) Regulations under this section may provide for the person concerned,
25or a person of a prescribed description, to pay for some or all of the
additional cost in prescribed cases.

(3) In subsection (2), “additional cost” means the cost of providing or
arranging for the provision of the person’s preferred accommodation
less the amount that the local social services authority would expect to
30be the usual cost of providing or arranging for the provision of
accommodation of that kind.

(4) The power to make regulations under this section—

(a) is exercisable only in relation to local social services authorities
in England;

(b) 35includes power to make different provision for different cases
or areas.

(7) The ways in which a local authority may discharge its duty under section 117
of the Mental Health Act 1983 include by making direct payments; and for that
purpose Schedule 4 (which includes modifications of the provisions of this Part
40relating to direct payments) has effect.

(8) In the case of a person who, immediately before the commencement of
subsections (3) and (4), is being provided with after-care services under section
117 of the Mental Health Act 1983, the amendments made by those subsections
do not apply while those services are continuing to be provided to that person.

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69 Prisoners and persons in bail accommodation

(1) In its application to an adult who is detained in prison, this Part has effect as if
references to being ordinarily resident in an area were references to being
detained in prison in that area.

(2) 5In its application to an adult who is residing in approved premises, this Part
has effect as if references to being ordinarily resident in an area were references
to being resident in approved premises in that area.

(3) The power under section 30 (preference for particular accommodation) may
not be exercised in the case of an adult who is detained in prison or residing in
10approved premises except for the purpose of making provision with respect to
accommodation for the adult—

(a) on his or her release from prison (including temporary release), or

(b) on ceasing to reside in approved premises.

(4) Sections 31 to 33 (direct payments) do not apply in the case of an adult who,
15having been convicted of an offence, is—

(a) detained in prison, or

(b) residing in approved premises.

(5) Sections 36 and 37 (continuity of care), in their application to an adult who is
detained in prison or residing in approved premises, also apply where it is
20decided that the adult is to be detained in prison, or is to reside in approved
premises, in the area of another local authority; and accordingly—

(a) references to the adult’s intention to move are to be read as references
to that decision, and

(b) references to carers are to be ignored.

(6) 25Sections 41 and 46 (safeguarding: enquiry by local authority and protection of
property) do not apply in the case of an adult who is—

(a) detained in prison, or

(b) residing in approved premises.

(7) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of
30Safeguarding Adults Boards) may not specify the governor, director or
controller of a prison or a prison officer or prisoner custody officer; nor may the
governor, director or controller of a prison or a prison officer or prisoner
custody officer become the member of an SAB by virtue of paragraph 1(2) of
that Schedule.

(8) 35“Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of
that Act); and—

(a) a reference to a prison includes a reference to a young offender
institution, secure training centre or secure children’s home,

(b) the references in subsection (7) to the governor, director or controller of
40a prison include a reference to the governor, director or controller of a
young offender institution, to the governor, director or monitor of a
secure training centre and to the manager of a secure children’s home,
and

(c) the references in that subsection to a prison officer or prisoner custody
45officer include a reference to a prison officer or prisoner custody officer
at a young offender institution, to an officer or custody officer at a
secure training centre and to a member of staff at a secure children’s
home.

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(9) “Approved premises” has the meaning given in section 13 of the Offender
Management Act 2007.

(10) For the purposes of this section—

(a) a person who has been sentenced to imprisonment but whose detention
5in prison has yet to begin is to be treated as detained in prison pending
the commencement of the detention;

(b) a person in respect of whom a decision has been taken that the person
is to reside in approved premises but whose residence in approved
premises has yet to begin is to be treated as residing in approved
10premises pending the commencement of the residence;

(c) a person who is absent from prison is to be treated as detained in prison
for the period of absence;

(d) a person who is absent from approved premises is to be treated as
residing in approved premises for the period of absence.

70 15Registers of sight-impaired adults, disabled adults, etc.

(1) A local authority must establish and maintain a register of sight-impaired and
severely sight-impaired adults who are ordinarily resident in its area.

(2) Regulations may specify descriptions of persons who are, or are not, to be
treated as being sight-impaired or severely sight-impaired for the purposes of
20this section.

(3) A local authority may establish and maintain one or more registers of adults to
whom subsection (4) applies, and who are ordinarily resident in the local
authority’s area, for the purposes in particular of—

(a) planning the provision by the authority of services to meet needs for
25care and support, and

(b) monitoring changes over time in the number of adults in the authority’s
area with needs for care and support and the types of needs they have.

(4) This subsection applies to an adult who—

(a) has a disability,

(b) 30has a physical or mental impairment which is not a disability but which
gives rise, or which the authority considers may in the future give rise,
to needs for care and support, or

(c) comes within any other category of persons the authority considers
appropriate to include in a register of persons who have, or the
35authority considers may in the future have, needs for care and support.

(5) “Disability” has the meaning given by section 6 of the Equality Act 2010.

71 Guidance

(1) A local authority must act under the general guidance of the Secretary of State
in the exercise of functions given to it by this Part or by regulations under this
40Part.

(2) Before issuing any guidance for the purposes of subsection (1), the Secretary of
State must consult such persons as the Secretary of State considers appropriate.

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72 Delegation of local authority functions

(1) A local authority may authorise a person to exercise on its behalf a function it
has under—

(a) this Part or regulations under this Part (but see subsection (2)), or

(b) 5section 117 of the Mental Health Act 1983 (after-care services).

(2) The references in subsection (1)(a) to this Part do not include a reference to—

(a) section 3 (promoting integration with health services etc.),

(b) sections 6 and 7 (co-operating),

(c) section 14 (charges),

(d) 10sections 31 to 33 (making direct payments),

(e) sections 41 to 46 (safeguarding adults at risk of abuse or neglect), or

(f) this section.

(3) An authorisation under this section may authorise an employee of the
authorised person to exercise the function to which the authorisation relates;
15and for that purpose, where the authorised person is a body corporate,
“employee” includes a director or officer of the body.

(4) An authorisation under this section may authorise the exercise of the function
to which it relates—

(a) either wholly or to the extent specified in the authorisation;

(b) 20either generally or in cases, circumstances or areas so specified;

(c) either unconditionally or subject to conditions so specified.

(5) An authorisation under this section—

(a) is for the period specified in the authorisation;

(b) may be revoked by the local authority;

(c) 25does not prevent the local authority from exercising the function to
which the authorisation relates.

(6) Anything done or omitted to be done by or in relation to a person authorised
under this section in, or in connection with, the exercise or purported exercise
of the function to which the authorisation relates is to be treated for all
30purposes as done or omitted to be done by or in relation to the local authority.

(7) But subsection (6) does not apply—

(a) for the purposes of the terms of any contract between the authorised
person and the local authority which relate to the function, or

(b) for the purposes of any criminal proceedings brought in respect of
35anything done or omitted to be done by the authorised person.

(8) Schedule 15 to the Deregulation and Contracting Out Act 1994 (which permits
disclosure of information between local authorities and contractors where that
is necessary for the exercise of the functions concerned, even if that would
otherwise be unlawful) applies to an authorisation under this section as it
40applies to an authorisation by virtue of an order under section 70(2) of that Act.

(9) The Secretary of State may by order—

(a) amend subsection (2) so as to add to or remove from the list a provision
of this Part;

(b) amend subsection (1) so as to add to or remove from the list a provision
45relating to care and support for adults or support for carers;