Care Bill [HL]

House of Lords

Session 2013 - 14
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Other Bills before Parliament

Care Bill [HL]

Care Bill [HL]
Schedule 3 — Discharge of hospital patients with care and support needs
122

      (2)
Anything done or omitted to be done by or in relation to the authorised
person (or an employee of that person) under such arrangements is to be
treated as done or omitted to be done by or in relation to the NHS body.
      (3)
Nothing in this paragraph prevents anything being done by or in relation to
the NHS body.
5
Adjustments between local authorities
6     (1)
Regulations may modify, or otherwise make provision about, the
application of a provision of this Schedule in a case where it appears to the
NHS body responsible for a hospital patient that the patient is ordinarily
resident in the area of another local authority.
10
      (2)
The regulations may, in particular, authorise or require a local authority—
(a)
to accept an assessment notice given to it even though it may wish to
dispute that it was the correct authority to which to give the notice;
(b)
to become the relevant authority in the patient’s case;
(c)
to recover expenditure incurred—
15
(i)
in the exercise of functions under this Schedule;
(ii)
in meeting needs under sections 18 to 20 in a case under this
Schedule.
Meaning of “hospital patient”, “NHS hospital, “NHS body”, etc.
7     (1)
A hospital patient is a person ordinarily resident in England who—
20
(a)
is being accommodated at an NHS hospital, or at an independent
hospital as a result of arrangements made by an NHS body, and
(b)
is receiving (or has received or can reasonably be expected to receive)
acute care.
      (2)
“NHS hospital” means a health service hospital (as defined by the National
25
Health Service Act 2006) in England.
      (3)
“Independent hospital” means a hospital (as defined by that Act) in the
United Kingdom which is not—
(a)
an NHS hospital,
(b)
a health service hospital as defined by section 206 of the National
30
Health Service (Wales) Act 2006,
(c)
a health service hospital as defined by section 108 of the National
Health Service (Scotland) Act 1978, or
(d)
a hospital vested in the Department of Health, Social Services and
Public Safety in Northern Ireland or managed by a Health and Social
35
Care trust.
      (4)
“NHS body” means—
(a)
an NHS trust established under section 25 of the National Health
Service Act 2006,
(b)
an NHS foundation trust,
40
(c)
the National Health Service Commissioning Board, or
(d)
a clinical commissioning group.
      (5)
A reference to the NHS body responsible for a hospital patient is—

Care Bill [HL]
Schedule 4 —
Part 1 — After-care under the Mental Health Act 1983: direct payments
123

(a)
if the hospital is an NHS hospital, a reference to the NHS body
managing it, or
(b)
if the hospital is an independent hospital, a reference to the NHS
body that arranged for the patient to be accommodated in it.
      (6)
“Acute care” means intensive medical treatment provided by or under the
5
supervision of a consultant, that lasts for a limited period after which the
person receiving the treatment no longer benefits from it.
      (7)
Care is not “acute care” if the patient has given an undertaking (or one has
been given on the patient’s behalf) to pay for it; nor is any of the following
“acute care”—
10
(a)
care of an expectant or nursing mother;
(b)
mental health care;
(c)
palliative care;
(d)
a structured programme of care provided for a limited period to help
a person maintain or regain the ability to live at home;
15
(e)
care provided for recuperation or rehabilitation.
      (8)
“Mental health care” means psychiatric services, or other services provided
for the purpose of preventing, diagnosing or treating illness, the
arrangements for which are the primary responsibility of a consultant
psychiatrist.
20
Further provision about assessment notices, discharge notices, etc.
8
Regulations may—
(a)
specify the form and content of an assessment notice, a discharge
notice or a withdrawal notice;
(b)
specify the manner in which an assessment notice, a discharge notice
25
or a withdrawal notice may be given;
(c)
specify when a discharge notice may be given;
(d)
specify circumstances in which a withdrawal notice must be given;
(e)
make provision for determining the day on which an assessment
notice, a discharge notice or a withdrawal notice is to be regarded as
30
given.
Schedule 4
Section 74

Part 1
After-care under the Mental Health Act 1983: direct payments
1     (1)
Sections 31 (adults with capacity to request direct payments), 32 (adults
35
without capacity to request direct payments) and 33 (direct payments:
further provision) apply in relation to section 117 of the Mental Health Act
1983 but as if the following modifications were made to those sections.
      (2)
For subsection (1) of section 31, substitute—
“(1)
This section applies where an adult to whom section 117 of the
40
Mental Health Act 1983 (after-care) applies requests the local
authority to make payments to the adult or a person nominated by

Care Bill [HL]
Schedule 4 —
Part 1 — After-care under the Mental Health Act 1983: direct payments
124

the adult that are equivalent to the cost of providing or arranging for
the provision of after-care services for the adult under that section.”
      (3)
In subsection (5) of that section—
(a)
in paragraph (a), for “meeting the adult’s needs” substitute
“discharging its duty under section 117 of the Mental Health Act
5
1983”, and
(b)
in paragraph (b), for “to meet the adult’s needs” substitute “to
discharge its duty under that section”.
      (4)
In subsection (7) of that section, for “to meet the needs in question”
substitute “to discharge its duty under section 117 of the Mental Health Act
10
1983”.
      (5)
For subsection (1) of section 32, substitute—
“(1)
This section applies where—
(a)
an adult to whom section 117 of the Mental Health Act 1983
(after-care) applies lacks capacity to request the local
15
authority to make payments equivalent to the cost of
providing or arranging for the provision of after-care services
for the adult under that section, and
(b)
an authorised person requests the local authority to make
such payments to the authorised person.”
20
      (6)
In subsection (4)(a) of that section, for “the adult’s needs for care and
support” substitute “the provision to the adult of after-care services under
section 117 of the Mental Health Act 1983”.
      (7)
In subsection (6) of that section—
(a)
in paragraph (a), for “meeting the adult’s needs” substitute
25
“discharging its duty under section 117 of the Mental Health Act
1983”, and
(b)
in paragraph (b), for “to meet the adult’s needs” substitute “to
discharge its duty under that section”.
      (8)
In subsection (7) of that section, for “the provision of the care and support”
30
substitute “the provision of after-care services under section 117 of the
Mental Health Act 1983”.
      (9)
In subsection (9) of that section, for “to meet the needs in question”
substitute “to discharge its duty under section 117 of the Mental Health Act
1983”.
35
     (10)
In subsection (2)(a) of section 33, for “meet needs” substitute “discharge its
duty under section 117 of the Mental Health Act 1983”.
     (11)
For subsection (3) of that section, substitute—
“(3)
A direct payment is made on condition that it be used only to pay for
arrangements under which after-care services for the adult are
40
provided under section 117 of the Mental Health Act 1983.”

Care Bill [HL]
Schedule 4 —
Part 2 — Provision to be inserted in Social Services and Well-Being (Wales) Act 2013
125

Part 2
Provision to be inserted in Social Services and Well-Being (Wales) Act 2013
“Schedule A1
Direct payments: after-care under the Mental Health Act 1983
General
5
1
Sections 34 (direct payments to meet an adult’s needs), 35 (direct
payments to meet a child’s needs) and 37 (direct payments: further
provision) apply in relation to section 117 of the Mental Health Act
1983 but as if the following modifications were made to those
sections.
10
Modifications to section 34
2
For subsection (1) of section 34 substitute—
“(1)
Regulations may require or allow a local authority to
make payments to an adult to whom section 117 of the
Mental Health Act 1983 (after-care) applies that are
15
equivalent to the cost of providing or arranging for the
provision of after-care services for the adult under that
section.”
3
In subsection (3) of that section—
(a)
in paragraph (a), for “who has needs for care and support
20
(“A”)” substitute “in respect of the provision to the adult
(“A”) of after-care services under section 117 of the Mental
Health Act 1983”, and
(b)
in paragraph (c)(i), for “of meeting A’s needs” substitute
“of discharging its duty towards A under section 117 of the
25
Mental Health Act 1983”.
4
In subsection (4) of that section—
(a)
in paragraph (a), for “who has needs for care and support
(“A”)” substitute “to whom section 117 of the Mental
Health Act 1983 applies (“A”)”, and
30
(b)
in paragraph (d)(i), for “meeting A’s needs” substitute
“discharging its duty towards A under section 117 of the
Mental Health Act 1983”.
5
In subsection (5) of that section—
(a)
in paragraph (a), for “A’s needs for care and support”
35
substitute “the provision to A of after-care services under
section 117 of the Mental Health Act 1983”, and
(b)
in paragraph (b), for “towards the cost of meeting A’s
needs for care and support” substitute “equivalent to the
cost of providing or arranging the provision to A of after-
40
care services under section 117 of the Mental Health Act
1983”.

Care Bill [HL]
Schedule 4 —
Part 2 — Provision to be inserted in Social Services and Well-Being (Wales) Act 2013
126

6
In subsection (6)(b) of that section, for “A’s needs for care and
support” substitute “the provision to A of after-care services under
section 117 of the Mental Health Act 1983”.
Modifications to section 35
7
For subsection (1) of section 35 substitute—
5
“(1)
Regulations may require or allow a local authority to
make payments to a person in respect of a child to whom
section 117 of the Mental Health Act 1983 (after-care)
applies that are equivalent to the cost of providing or
arranging the provision of after-care services for the
10
child under that section.”
8
In subsection (3)(a), (b) and (c) of that section, for “who has needs
for care and support” (in each place it occurs) substitute “to whom
section 117 of the Mental Health Act 1983 applies”.
9
In subsection (5)(a) of that section, for “meeting the child’s needs”
15
substitute “discharging its duty towards the child under section
117 of the Mental Health Act 1983”.
Modifications to section 37
10
In subsection (1) of section 37—
(a)
in the opening words, for “34, 35 and 36” substitute “34 and
20
35”,
(b)
omit paragraphs (a), (b) and (c),
(c)
in paragraph (i), for “a local authority’s duty or power to
meet a person’s needs for care and support or a carer’s
needs for support is displaced” substitute “a local
25
authority’s duty under section 117 of the Mental Health
Act 1983 (after-care) is discharged”, and
(d)
in paragraph (k), for “34 to 36” substitute “34 and 35”.
11
Omit subsections (2) to (8) of that section.
12
After subsection (8) of that section insert—
30
“(8A)
Regulations under sections 34 and 35 must specify that
direct payments to meet the cost of providing or
arranging for the provision of after-care services under
section 117 of the Mental Health Act 1983 (after-care)
must be made at a rate that the local authority estimates
35
to be equivalent to the reasonable cost of securing the
provision of those services to meet those needs.”
13
In subsection (9) of that section—
(a)
for “, 35 or 36” substitute “or 35”, and
(b)
for “care and support” substitute “after-care services”.
40
14
In subsection (10) of that section, for “care and support to meet
needs” substitute “after-care services”.”