Care Bill (HL Bill 45)

(a) whether the carer is able to provide care for the child and is likely to
continue to be able to do so after the child becomes 18,

(b) whether the carer is willing to do so and is likely to continue to be
willing to do so after the child becomes 18,

(c) 5the impact on the matters specified in section 1(2) of what the carer’s
needs for support are likely to be after the child becomes 18,

(d) the outcomes that the carer wishes to achieve in day-to-day life,

(e) whether, and if so to what extent, the provision of support could
contribute to the achievement of those outcomes, and

(f) 10whether, and if so to what extent, other matters (including, in
particular, the carer’s own capabilities and any support likely to be
available to the carer from friends, family or others after the child
becomes 18) could contribute to the achievement of those outcomes.

(2) A local authority, in carrying out a child’s carer’s assessment, must have
15regard to—

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

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

(3) A local authority, in carrying out a child’s carer’s assessment, must involve—

(a) 20the carer, and

(b) any person whom the carer asks the local authority to involve.

(4) Having carried out a child’s carer’s assessment, a local authority must give the
person who made the request mentioned in section 60(1) or (2)—

(a) an indication as to whether any of the needs for support which it thinks
25the carer is likely to have after the child becomes 18 are likely to meet
the eligibility criteria (and, if so, which ones are likely to do so), and

(b) advice and information about—

(i) what can be done to meet or reduce the needs which it thinks
the carer is likely to have after the child becomes 18;

(ii) 30what can be done to prevent or delay the development by the
carer of needs for support in the future.

(5) “Carer” has the same meaning as in section 60.

62 Power to meet child’s carer’s needs for support

(1) Where a local authority, having carried out a child’s carer’s assessment, is
35satisfied that the carer has needs for support, it may meet such of those needs
as it considers appropriate.

(2) Regulations may make provision in connection with the exercise of the power
under subsection (1); the regulations may, in particular, provide for provisions
of this Part to apply with such modifications as may be specified.

(3) 40In deciding whether or how to exercise the power under subsection (1), a local
authority must have regard to any services being provided to the carer under
section 17 of the Children Act 1989.

63 Assessment of a young carer’s needs for support

(1) Where a local authority receives a request from a young carer or a young
45carer’s parent to assess the young carer’s needs for support and it appears to

the authority that the young carer is likely to have such needs after becoming
18, the authority may, if it is satisfied that it would be of significant benefit to
do so and if the consent condition is met, assess—

(a) whether the young carer has needs for support and, if so, what those
5needs are, and

(b) whether the young carer is likely to have needs for support after
becoming 18 and, if so, what those needs are likely to be.

(2) An assessment under subsection (1) is referred to in this Part as a “young
carer’s assessment”.

(3) 10Where the young carer makes the request mentioned in subsection (1), the
consent condition is met if the young carer has capacity or is competent to
consent to a young carer’s assessment being carried out.

(4) Where the young carer’s parent makes the request mentioned in subsection (1),
the consent condition is met if—

(a) 15the young carer has capacity or is competent to consent to a young
carer’s assessment being carried out and the young carer does so
consent, or

(b) the young carer lacks capacity or is not competent so to consent but the
authority is satisfied that carrying out a young carer’s assessment
20would be in the young carer’s best interests.

(5) If a local authority decides not to comply with the request, it must give the
person who made the request—

(a) written reasons for its decision, and

(b) advice and information about what can be done to prevent or delay the
25development by the young carer of needs for support in the future.

(6) “Young carer” means a person under 18 who provides or intends to provide
care for an adult (but see subsection (8)).

(7) “Parent” has the same meaning as in section 58.

(8) A person is not a young carer for the purposes of this section if the person
30provides or intends to provide care—

(a) under or by virtue of a contract, or

(b) as voluntary work.

(9) But in a case where the local authority considers that the relationship between
the adult and the person under 18 providing or intending to provide care is
35such that it would be appropriate for the person under 18 to be regarded as a
young carer, that person is to be regarded as such (and subsection (8) is
therefore to be ignored in that case).

(10) The references to providing care include a reference to providing practical or
emotional support.

64 40Young carer’s assessment: requirements etc.

(1) A young carer’s assessment must include an assessment of—

(a) whether the young carer is able to provide care for the person in
question and is likely to continue to be able to do so after becoming 18,

(b) whether the young carer is willing to do so and is likely to continue to
45be willing to do so after becoming 18,

(c) the impact on the matters specified in section 1(2) of what the young
carer’s needs for support are likely to be after the young carer becomes
18,

(d) the outcomes that the young carer wishes to achieve in day-to-day life,

(e) 5whether, and if so to what extent, the provision of support could
contribute to the achievement of those outcomes, and

(f) whether, and if so to what extent, other matters (including, in
particular, the young carer’s own capabilities and any support likely to
be available to the young carer from friends, family or others after the
10young carer becomes 18) could contribute to the achievement of those
outcomes.

(2) A local authority, in carrying out a young carer’s assessment, must have regard
to—

(a) whether the young carer works or wishes to work (or is likely to wish
15to do so after becoming 18),

(b) whether the young carer is participating in or wishes to participate in
education, training or recreation (or is likely to wish to do so after
becoming 18).

(3) A local authority, in carrying out a young carer’s assessment, must involve—

(a) 20the young carer,

(b) the young carer’s parents, and

(c) any person whom the young carer or a parent of the young carer
requests the authority to involve.

(4) Having carried out a young carer’s assessment, a local authority must give the
25person who made the request mentioned in section 63(1)—

(a) an indication as to whether any of the needs for support which it thinks
the young carer is likely to have after becoming 18 are likely to meet the
eligibility criteria (and, if so, which ones are likely to do so), and

(b) advice and information about—

(i) 30what can be done to meet or reduce the needs for support which
it thinks the young carer is likely to have after becoming 18;

(ii) what can be done to prevent or delay the development by the
young carer of needs for support in the future.

(5) Where a person to whom a young carer’s assessment relates becomes 18, the
35local 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 young
carer’s assessment as if it were a carer’s assessment that had been carried out
after the person had become 18.

(6) In considering what to decide under subsection (5), a local authority must have
40regard to—

(a) when the young carer’s assessment was carried out, and

(b) whether it appears to the authority that the circumstances of the person
to whom the young carer’s assessment relates have changed in a way
that might affect the assessment.

(7) 45“Young carer” and “parent” each have the same meaning as in section 63.

65 Assessments under sections 58 to 64: further provision

(1) Regulations under section 12—

(a) may make such provision about carrying out a child’s needs
assessment as they may make about carrying out a needs assessment;

(b) may make such provision about carrying out a child’s carer’s
assessment or a young carer’s assessment as they may make about
5carrying out a carer’s assessment.

(2) A local authority may combine a child’s needs assessment with a child’s
carer’s assessment only if—

(a) the child has capacity or is competent to agree to a combined
assessment and the child and the carer do so agree, or

(b) 10the child lacks capacity or is not competent so to agree but—

(i) the local authority is satisfied that a combined assessment
would be in the child’s best interests, and

(ii) the carer agrees to a combined assessment.

(3) A local authority may combine a young carer’s assessment with a needs
15assessment in respect of an adult only if—

(a) the young carer has capacity or is competent to agree to a combined
assessment and the young carer and the adult do so agree, or

(b) the young carer lacks capacity or is not competent so to agree but—

(i) the authority is satisfied that a combined assessment would be
20in the young carer’s best interests, and

(ii) the adult agrees to a combined assessment.

(4) Where a local authority is carrying out a child’s needs assessment, a child’s
carer’s assessment or a young carer’s assessment, and there is some other
assessment being or about to be carried out in the case of the person to whom
25the assessment relates or (where applicable) of any carer the person has, the
local authority may carry out that other assessment—

(a) on behalf of or jointly with the body responsible for carrying it out, or

(b) if that body has arranged to carry out the other assessment jointly with
another person, jointly with that body and the other person.

(5) 30A reference to an assessment includes a reference to part of an assessment.

66 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
35services 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
40assessment in accordance with section 59(4) or 64(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
45child reaches the age of 18 but decide not to treat it as a needs or carer’s

assessment in accordance with section 59(4) or 64(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) 5they 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) 10they 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
1518, 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,
20they 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
25going 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) 30In 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.

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

(1) This section applies where a local authority in England providing
35services for a person in the exercise, by virtue of section 17ZA, of
functions conferred by section 17 are required to carry out a needs
assessment 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
40comply 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
case 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) 45In 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

ceased 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) 5This section applies where a local authority in England making
arrangements 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
10in accordance with section 59(4) 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 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
assessment in accordance with section 59(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
20that 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 2 after he reaches that age until—

(a) they decide that the duty under section 9 of the Care Act 2013
25(needs 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
18, whether or not to comply with the request, they must continue to
30comply with section 2 after he reaches that age until—

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

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

(6) 35A 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) 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
40they 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, “child’s needs assessment”, “needs assessment” and
“eligibility criteria” each have the same meaning as in Part 1 of the Care
45Act 2013.”

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

“2A Services 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
5request for a young carer’s assessment to be carried out in relation to
the carer.

(2) If 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 64(5) of the Care Act 2013 (with Part 1 of that
10Act 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
reach 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
15assessment in accordance with section 64(5) of that Act—

(a) they must carry out a carer’s assessment after the carer 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) 20If 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
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
(carer’s assessment) does not apply, or

(b) 25having 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 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) 30they decide that the duty under section 10 of the Care Act 2013
does not apply, or

(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 carer’s case when—

(a) 35they 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
they are not going to meet any of those needs (whether because
40those 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
Act 2013.”

Enforcement of debts

67 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) 5But 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) 10the 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) 15in 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
20person—

(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) 25The 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) 30specify 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—

(i) 35must 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.

68 Transfer of assets to avoid charges

(1) 40This 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
having 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) 5the 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) 10Where 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) 15The 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) 20Regulations may specify cases or circumstances in which liability under
subsection (2) does not arise.

Review of funding provisions

69 Five-yearly review by Secretary of State

(1) The Secretary of State must review—

(a) 25the 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
30regulations 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,

(b) the financial burden on local authorities of each of those matters being
35at 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) the length of time for which people can reasonably be expected to live
in good health,

(e) 40changes 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
and 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
beginning with the day on which section 15 comes into force.

(5) 5Each 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) The Secretary of State must lay before Parliament a report prepared under this
10section.

Miscellaneous

70 Discharge of hospital patients with care and support needs

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

71 15After-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
substitute “as if the words “provide or” were omitted.”

(3) 20In 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
which he was ordinarily resident;

(b) 25if 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) After that subsection insert—

“(4) 30Section 40 of the Care Act 2013 applies to a dispute about where a
person was ordinarily resident for the purposes of subsection (3)(a)
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) 35In this section, “after-care services” means services which have both of
the 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
40condition (and, accordingly, to reduce the risk of the person
requiring admission to a hospital again for treatment for the
disorder).”