Care Bill (HL Bill 53)

Deferred payment agreements, etc.

34 Deferred payment agreements and loans

(1) Regulations may, in such cases or circumstances and subject to such conditions
as may be specified, require or permit a local authority to enter into a deferred
5payment agreement with an adult.

(2) A “deferred payment agreement” is an agreement under which a local
authority agrees not to require until the specified time either or both of the
following—

(a) the payment of the specified part of the amounts due from an adult to
10the authority under such provision of this Part or of regulations under
this Part as is specified in regulations;

(b) the repayment of the specified part of a loan made under the agreement
by the authority to an adult for the purpose of assisting the adult to
obtain the provision of care and support for the adult.

(3) 15The care and support mentioned in subsection (2)(b) includes care and support
the provision of which—

(a) the authority does not consider to be necessary to meet the adult’s
needs;

(b) is in addition to care and support which is being provided, arranged
20for, or paid for (in whole or in part) by the authority.

(4) Regulations under subsection (1) may, in particular, prohibit a local authority
from entering into, or permit it to refuse to enter into, a deferred payment
agreement unless it obtains adequate security for the payment of the adult’s
deferred amount.

(5) 25Regulations may specify what constitutes adequate security for the purposes
of subsection (4); they may, for example, specify—

(a) an obligation on the adult to give the authority a charge over the adult’s
legal or beneficial interest in the property which the adult occupies as
his or her only or main residence (or in a property which the adult used
30to occupy as such) to secure payment of the adult’s deferred amount;

(b) a guarantee from another person to pay the adult’s deferred amount.

(6) A reference in this section or section 35 to an adult’s deferred amount, in
relation to a deferred payment agreement, is a reference to the amount of
which the local authority agrees not to require payment or repayment until the
35specified time.

(7) “Specified”, in relation to a time or a part of an amount, means specified in or
determined in accordance with regulations; and the specified part of an
amount may be 100%.

(8) This section applies in relation to an agreement under which a local authority
40agrees to make a loan to an adult for the purpose of assisting the adult to obtain
the provision of care and support for the adult as it applies in relation to a
deferred payment agreement; and for that purpose—

(a) the reference in subsection (3) to subsection (2)(b) is to be read as a
reference to this subsection; and

(b) 45the references in subsections (4) and (5) to payment of the adult’s
deferred amount are to be read as references to repayment of the loan.

35 Deferred payment agreements and loans: further provision

(1) Regulations may require or permit a local authority to charge—

(a) interest on an adult’s deferred amount;

(b) such amount relating to the authority’s administrative costs as is
5specified in or determined in accordance with the regulations;

(c) interest on an amount charged under paragraph (b).

(2) The regulations may specify costs which are, or which are not, to be regarded
as administrative costs for the purposes of subsection (1)(b).

(3) The regulations may—

(a) 10require or permit adequate security to be obtained for the payment of
any interest or other amount referred to in subsection (1);

(b) require or permit any such interest or other amount to be treated in the
same way as the adult’s deferred amount;

(c) specify what constitutes adequate security for the purposes of
15paragraph (a).

(4) The authority may not charge interest under regulations made under
subsection (1) or under a deferred payment agreement at a rate that exceeds the
rate specified in or determined in accordance with the regulations; the
regulations may, for example, provide for a rate to be determined by reference
20to a specified interest rate or other specified criterion.

(5) The regulations must enable the adult to terminate a deferred payment
agreement by—

(a) giving the authority notice, and

(b) paying the authority the full amount for which the adult is liable with
25respect to the adult’s deferred amount and any interest or other amount
charged under regulations made under subsection (1) or under the
agreement.

(6) The regulations may make other provision about the duration of a deferred
payment agreement and for its termination by either party.

(7) 30The regulations may make provision as to the rights and obligations of the
authority and the adult where the adult disposes of any legal or beneficial
interest in a property to which a deferred payment agreement relates and
acquires a legal or beneficial interest in another property (whether or not it is
in the area of that authority); they may, for example, make provision—

(a) 35for the authority not to require payment of the amounts referred to in
subsection (5)(b) until the time specified in or determined in accordance
with the regulations;

(b) for the adult to give the authority a charge over the adult’s legal or
beneficial interest in the other property.

(8) 40The regulations may—

(a) require or permit terms or conditions of a specified description, or in a
specified form, to be included in a deferred payment agreement;

(b) permit such other terms or conditions as the authority considers
appropriate to be included in such an agreement;

(c) 45require statements or other information relating to specified matters, or
in a specified form, to be included in such an agreement.

(9) The regulations may make provision for the purpose of enabling local
authorities to protect (for example, by registration) or enforce security obtained
for the payment of the adult’s deferred amount or the payment of any interest
or other amount referred to in subsection (1); and, for that purpose, the
5regulations may amend, repeal, revoke or otherwise modify an enactment.

(10) This section applies in relation to an agreement of the kind mentioned in
section 34(8) as it applies in relation to a deferred payment agreement; and for
that purpose—

(a) the references in subsections (1), (3) and (5) to the adult’s deferred
10amount are to be read as references to the loan; and

(b) the reference in subsection (9) to payment of the adult’s deferred
amount is to be read as a reference to repayment of the loan.

36 Alternative financial arrangements

(1) Regulations may, in such cases or circumstances and subject to such conditions
15as may be specified, require or permit a local authority to enter into alternative
financial arrangements of a specified description with an adult.

(2) “Alternative financial arrangements” means arrangements which in the
Secretary of State’s opinion—

(a) equate in substance to a deferred payment agreement or an agreement
20of the kind mentioned in section 34(8), but

(b) achieve a similar effect to an agreement of the kind in question without
including provision for the payment of interest.

(3) The regulations may make provision in connection with alternative financial
arrangements to which they apply, including, in particular, provision of the
25kind that may (or must) be made in regulations under section 34 or 35 (apart
from provision for the payment of interest).

Continuity of care and support when adult moves

37 Notification, assessment, etc.

(1) This section applies where—

(a) 30an adult’s needs for care and support are being met by a local authority
(“the first authority”) under section 18 or 19,

(b) the adult notifies another local authority (“the second authority”) (or
that authority is notified on the adult’s behalf) that the adult intends to
move to the area of the second authority, and

(c) 35the second authority is satisfied that the adult’s intention is genuine.

(2) This section also applies where—

(a) an adult is not having needs for care and support met under either of
those sections but a local authority (“the first authority”) is nonetheless
keeping a care account in the adult’s case,

(b) 40the adult notifies another local authority (“the second authority”) (or
that authority is notified on the adult’s behalf) that the adult intends to
move to the area of the second authority, and

(c) the second authority is satisfied that the adult’s intention is genuine.

(3) This section also applies where—

(a) an adult’s needs for care and support are being met by a local authority
(“the first authority”) under section 18 or 19 by the first authority
arranging for the provision of accommodation in the area of another
local authority (“the second authority”),

(b) 5the adult notifies the second authority (or that authority is notified on
the adult’s behalf) that the adult intends to move out of that
accommodation but to remain, and be provided with care and support
at home or in the community, in its area, and

(c) the second authority is satisfied that the adult’s intention is genuine.

(4) 10The second authority must—

(a) provide the adult and, if the adult has or is proposing to have a carer,
the carer with such information as it considers appropriate (in so far as
it would not do so under section 4), and

(b) notify the first authority that it is satisfied as mentioned in subsection
15(1)(c), (2)(c) or (3)(c).

(5) The first authority, having received the notification under subsection (4)(b),
must provide the second authority with—

(a) a copy of any care and support plan prepared for the adult,

(b) a copy of any independent personal budget prepared for the adult,

(c) 20in a case within subsection (2), a copy of the most recent needs
assessment in the adult’s case,

(d) if the first authority has been keeping a care account in the adult’s case,
a copy of that account,

(e) if the adult has a carer and that carer is to continue as the adult’s carer
25after the move, a copy of any support plan prepared for the carer, and

(f) such other information relating to the adult and, if the adult has a carer
(whether or not one with needs for support), such other information
relating to the carer as the second authority may request.

(6) The second authority must—

(a) 30assess whether the adult has needs for care and support and, if the
adult does, what those needs are, and

(b) where the adult has or is proposing to have a carer and it is appropriate
to do so, assess whether the carer has or is likely to have needs for
support and, if the carer does or is likely to, what those needs are or are
35likely to be.

(7) In carrying out an assessment under subsection (6)(a) or (b), the second
authority must have regard to the care and support plan provided under
subsection (5)(a) or (as the case may be) the support plan provided under
subsection (5)(e).

(8) 40This Part—

(a) applies to an assessment under subsection (6)(a) as it applies to a needs
assessment, and

(b) applies to an assessment under subsection (6)(b) as it applies to a
carer’s assessment.

(9) 45Pending the adult’s move, the first authority must keep in contact with the
second authority in order to ascertain the progress that the second authority is
making in preparing to meet—

(a) any needs for care and support under section 18 or 19 in the adult’s
case, and

(b) where the adult is proposing to have a carer immediately after the
move, any needs for support under section 20 in the carer’s case.

(10) The first authority must keep the adult (and, where applicable, the carer)
informed about its contact under subsection (9) with the second authority and
5must involve the adult (and, where applicable, the carer) in the contact.

(11) Where the needs identified by an assessment under subsection (6)(a) carried
out by the second authority are different from those specified in the care and
support plan provided under subsection (5)(a), the second authority must
provide a written explanation of the difference to—

(a) 10the adult,

(b) any carer that the adult has, if the adult asks the authority to do so, and

(c) any other person to whom the adult asks the authority to provide the
explanation.

(12) Where the cost to the second authority of meeting the adult’s eligible needs is
15different from the cost to the first authority of doing so, the second authority
must provide a written explanation of the difference to—

(a) the adult,

(b) any carer that the adult has, if the adult asks the authority to do so, and

(c) any other person to whom the adult asks the authority to provide the
20explanation.

(13) Where the needs identified by an assessment under subsection (6)(b) carried
out by the second authority are different from those in the support plan
provided under subsection (5)(e), the second authority must provide a written
explanation of the difference to—

(a) 25the carer,

(b) the adult needing care, if the carer asks the authority to do so, and

(c) any other person to whom the carer asks the authority to provide an
explanation.

(14) Regulations may specify steps which a local authority must take for the
30purpose of being satisfied as mentioned in subsection (1)(c), (2)(c) or (3)(c).

(15) In this section—

(a) an adult’s needs are “eligible needs” if they meet the eligibility criteria
and are not being met by a carer,

(b) a reference to moving to an area is a reference to moving to that area
35with a view to becoming ordinarily resident there, and

(c) a reference to remaining in an area is a reference to remaining
ordinarily resident there.

38 Case where assessments not complete on day of move

(1) If, on the day of the intended move as mentioned in section 37(1)(b), (2)(b) or
40(3)(b), the second authority has yet to carry out the assessment or assessments
under section 37(6), or has done so but has yet to take the other steps required
under this Part in the adult’s case, it must—

(a) meet the adult’s needs for care and support, and the needs for support
of any carer who is continuing as the adult’s carer, which the first
45authority has been meeting, and

(b) where the first authority has been keeping a care account in the adult’s
case, itself keep that account on the same basis as the first authority has
been keeping it.

(2) The second authority is subject to the duty under subsection (1) until it has—

(a) 5carried out the assessment or assessments under section 37(6), and

(b) taken the other steps required under this Part in the adult’s case.

(3) In deciding how to meet the adult’s needs for care and support under
subsection (1), the second authority must involve—

(a) the adult,

(b) 10any carer who is continuing as the adult’s carer, and

(c) any person whom the adult asks the authority to involve or, where the
adult lacks capacity to ask the authority to do that, any person who
appears to the authority to be interested in the adult’s welfare.

(4) In deciding how to meet the needs for support of any carer who is continuing
15as the adult’s carer, the second authority must involve—

(a) the carer,

(b) the adult needing care, if the carer asks the authority to do so, and

(c) any other person whom the carer asks the authority to involve.

(5) In performing the duty under subsection (3)(a) or (4)(a), the second authority
20must take all reasonable steps to reach agreement with the adult or carer about
how it should meet the needs in question.

(6) The first authority is not required to meet the adult’s needs for care and
support or, if the adult has a carer, such needs for support as the carer has, for
so long as the second authority is subject to the duty under subsection (1).

(7) 25Where, having complied with the duty under subsection (1), the second
authority is not required to meet the adult’s needs for care and support under
section 18 because the adult is still ordinarily resident in the area of the first
authority, the second authority may recover from the first authority the costs it
incurs in complying with the duty under subsection (1).

(8) 30Regulations may specify matters to which the second authority must have
regard in deciding how to perform the duty under subsection (1).

Establishing where a person lives, etc.

39 Where a person’s ordinary residence is

(1) Where an adult has needs for care and support which can be met only if the
35adult is living in accommodation of a type specified in regulations, and the
adult is living in accommodation in England of a type so specified, the adult is
to be treated for the purposes of this Part as ordinarily resident—

(a) in the area in which the adult was ordinarily resident immediately
before the adult began to live in accommodation of a type specified in
40the regulations, or

(b) if the adult was of no settled residence immediately before the adult
began to live in accommodation of a type so specified, in the area in
which the adult was present at that time.

(2) Where, before beginning to live in his or her current accommodation, the adult
was living in accommodation of a type so specified (whether or not of the same
type as the current accommodation), the reference in subsection (1)(a) to when
the adult began to live in accommodation of a type so specified is a reference
5to the beginning of the period during which the adult has been living in
accommodation of one or more of the specified types for consecutive periods.

(3) The regulations may make provision for determining for the purposes of
subsection (1) whether an adult has needs for care and support which can be
met only if the adult is living in accommodation of a type specified in the
10regulations.

(4) An adult who is being provided with accommodation under section 117 of the
Mental Health Act 1983 (after-care) is to be treated for the purposes of this Part
as ordinarily resident in the area of the local authority in England or the local
authority in Wales on which the duty to provide the adult with services under
15that section is imposed; and for that purpose—

(a) “local authority in England” means a local authority for the purposes of
this Part, and

(b) “local authority in Wales” means a local authority for the purposes of
the Social Services and Well-being (Wales) Act 2013.

(5) 20An adult who is being provided with NHS accommodation is to be treated for
the purposes of this Part as ordinarily resident—

(a) in the area in which the adult was ordinarily resident immediately
before the accommodation was provided, or

(b) if the adult was of no settled residence immediately before the
25accommodation was provided, in the area in which the adult was
present at that time.

(6) “NHS accommodation” means accommodation under—

(a) the National Health Service Act 2006,

(b) the National Health Service (Wales) Act 2006,

(c) 30the National Health Service (Scotland) Act 1978, or

(d) Article 5(1) of the Health and Personal Social Services (Northern
Ireland) Order 1972.

(7) The reference in subsection (1) to this Part does not include a reference to
section 28 (independent personal budget).

(8) 35Schedule 1 (which makes provision about cross-border placements to and from
Wales, Scotland or Northern Ireland) has effect.

40 Disputes about ordinary residence or continuity of care

(1) Any dispute about where an adult is ordinarily resident for the purposes of this
Part, or any dispute between local authorities under section 37 about the
40application of that section, is to be determined by—

(a) the Secretary of State, or

(b) where the Secretary of State appoints a person for that purpose (the
“appointed person”), that person.

(2) The Secretary of State or appointed person may review a determination under
45subsection (1), provided that the review begins within 3 months of the date of
the determination.

(3) Having carried out a review under subsection (2), the Secretary of State or
appointed person must—

(a) confirm the original determination, or

(b) substitute a different determination.

(4) 5Regulations may make further provision about resolution of disputes of the
type mentioned in subsection (1); the regulations may, for example, include—

(a) provision for ensuring that care and support is provided to the adult
while the dispute is unresolved;

(b) provision requiring the local authorities in dispute to take specified
10steps before referring the dispute to the Secretary of State or (as the case
may be) the appointed person;

(c) provision about the procedure for referring the dispute to the Secretary
of State or appointed person;

(d) where a review of a determination has been carried out under
15subsection (2) and a different determination substituted, provision
requiring a local authority to take specified steps (including paying
specified amounts) in relation to the period before the determination
was substituted.

41 Financial adjustments between local authorities

(1) 20This section applies where—

(a) a local authority has been meeting an adult’s needs for care and
support, but

(b) it transpires (whether following the determination of a dispute under
section 40 or otherwise) that the adult was, for some or all of the time
25that the authority has been meeting the adult’s needs, ordinarily
resident in the area of another local authority.

(2) This section also applies where—

(a) a local authority has been meeting a carer’s needs for support, but

(b) it transpires (whether following the determination of a dispute under
30section 40 or otherwise) that the adult needing care was, for some or all
of the time that the authority has been meeting the carer’s needs,
ordinarily resident in the area of another local authority.

(3) The local authority concerned may recover from the other local authority the
amount of any payments it made towards meeting the needs in question at a
35time when the other local authority was instead liable to meet them under
section 18 or 20(1) (as the case may be).

(4) Subsection (3) does not apply to payments which are the subject of a deferred
payment agreement entered into by the local authority in question, unless it
agrees with the other local authority to assign its rights and obligations under
40the deferred payment agreement to that other authority.

(5) Any period during which a local authority was meeting the needs in question
under section 19 or 20(6) is to be disregarded for the purposes of this section.

Safeguarding adults at risk of abuse or neglect

42 Enquiry by local authority

(1) This section applies where a local authority has reasonable cause to suspect
that an adult in its area (whether or not ordinarily resident there)—

(a) 5has needs for care and support (whether or not the authority is meeting
any of those needs),

(b) is experiencing, or is at risk of, abuse or neglect, and

(c) as a result of those needs is unable to protect himself or herself against
the abuse or neglect or the risk of it.

(2) 10The local authority must make (or cause to be made) whatever enquiries it
thinks necessary to enable it to decide whether any action should be taken in
the adult’s case (whether under this Part or otherwise) and, if so, what and by
whom.

(3) “Abuse” includes financial abuse; and for that purpose “financial abuse”
15includes—

(a) having money or other property stolen,

(b) being defrauded,

(c) being put under pressure in relation to money or other property, and

(d) having money or other property misused.

43 20Safeguarding Adults Boards

(1) Each local authority must establish a Safeguarding Adults Board (an “SAB”)
for its area.

(2) The objective of an SAB is to help and protect adults in its area in cases of the
kind described in section 42(1).

(3) 25The way in which an SAB must seek to achieve its objective is by co-ordinating
and ensuring the effectiveness of what each of its members does.

(4) An SAB may do anything which appears to it to be necessary or desirable for
the purpose of achieving its objective.

(5) Schedule 2 (which includes provision about the membership, funding and
30other resources, strategy and annual report of an SAB) has effect.

(6) Where two or more local authorities exercise their respective duties under
subsection (1) by establishing an SAB for their combined area—

(a) a reference in this section, section 44 or Schedule 2 to the authority
establishing the SAB is to be read as a reference to the authorities
35establishing it, and

(b) a reference in this section, that section or that Schedule to the SAB’s
area is to be read as a reference to the combined area.

44 Safeguarding adults reviews

(1) An SAB must arrange for there to be a review of a case involving an adult in its
40area with needs for care and support (whether or not the local authority has
been meeting any of those needs) if—

(a) there is reasonable cause for concern about how the SAB, members of it
or other persons with relevant functions worked together to safeguard
the adult, and

(b) condition 1 or 2 is met.

(2) 5Condition 1 is met if—

(a) the adult has died, and

(b) the SAB knows or suspects that the death resulted from abuse or
neglect (whether or not it knew about or suspected the abuse or neglect
before the adult died).

(3) 10Condition 2 is met if—

(a) the adult is still alive, and

(b) the SAB knows or suspects that the adult has experienced serious abuse
or neglect.

(4) An SAB may arrange for there to be a review of any other case involving an
15adult in its area with needs for care and support (whether or not the local
authority has been meeting any of those needs).

(5) Each member of the SAB must co-operate in and contribute to the carrying out
of a review under this section with a view to—

(a) identifying the lessons to be learnt from the adult’s case, and

(b) 20applying those lessons to future cases.

45 Supply of information

(1) If an SAB requests a person to supply information to it, or to some other person
specified in the request, the person to whom the request is made must comply
with the request if—

(a) 25conditions 1 and 2 are met, and

(b) condition 3 or 4 is met.

(2) Condition 1 is that the request is made for the purpose of enabling or assisting
the SAB to exercise its functions.

(3) Condition 2 is that the request is made to a person whose functions or activities
30the SAB considers to be such that the person is likely to have information
relevant to the exercise of a function by the SAB.

(4) Condition 3 is that the information relates to—

(a) the person to whom the request is made,

(b) a function or activity of that person, or

(c) 35a person in respect of whom that person exercises a function or engages
in an activity.

(5) Condition 4 is that the information—

(a) is information requested by the SAB from a person to whom
information was supplied in compliance with another request under
40this section, and

(b) is the same as, or is derived from, information so supplied.

(6) Information may be used by the SAB, or other person to whom it is supplied
under subsection (1), only for the purpose of enabling or assisting the SAB to
exercise its functions.