NOTICES OF AMENDMENTS
given up to and including
Wednesday 3rd May 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
CARERS AND DISABLED CHILDREN BILL, AS AMENDED
NEW CLAUSES
Assessments: parents of disabled children
Mr Tom Pendry
Mr Secretary Milburn
NC3
To move the following Clause:—
'(1) If a person with parental responsibility for a disabled child—
(a) provides or intends to provide a substantial amount of care on a regular basis for the child; and
(b) asks a local authority to carry out an assessment of his ability to provide and to continue to provide care for the child,
the local authority must carry out such an assessment if it is satisfied that the child and his family are persons for whom it may provide or arrange for the provision of services under section 17 of the Children Act 1989 ("the 1989 Act").
(2) For the purposes of such an assessment, the local authority may take into account, so far as it considers it to be material, an assessment under section 1(2) of the Carers (Recognition and Services) Act 1995.
(3) The Secretary of State (or, in relation to Wales, the National Assembly for Wales) may give directions as to the manner in which an assessment under subsection (1) is to be carried out or the form it is to take.
(4) Subject to any such directions, it is to be carried out in such manner, and is to take such form, as the local authority considers appropriate.
(5) The local authority must take the assessment into account when deciding what, if any, services to provide under section 17 of the 1989 Act.
(6) Terms used in this section have the same meanings as in Part III of the 1989 Act.'.
Needs of ethnic minorities
Ms Karen Buck
NC1
To move the following Clause:—
'. In carrying out its duties under this Act a local authority shall pay special regard to the need of black and ethnic minority carers and persons cared for.'.
Carers' plan
Mr Gareth R. Thomas (Harrow West)
NC2
To move the following Clause:—
'.—Every local authority shall prepare a Carers' Plan setting out how it proposes to provide services to carers assessed under section 1.'.
Appeals
Mr Eric Forth
Mr David Maclean
NC4
*To move the following Clause:—
'If a carer or person cared for is dissatisfied with an assessment made by a local authority under section (Assessments: parents of disabled children) he may appeal to the Disability Rights Commission to review and reassess the provision.'.
Carrying forward of grant monies
Mr Eric Forth
Mr David Maclean
NC5
*To move the following Clause:—
'"Carers" grant monies may be carried forward from one financial year to another if this is deemed necessary by the local authority to meet the requirements of this Act.'.
Mr Andrew Dismore
1
Page 1, line 5 [Clause 1], leave out '16' and insert '14'.
Mr Andrew Dismore
2
Page 1, line 11 [Clause 1], after 'assessment', insert 'within 42 days'.
Mr Andrew Dismore
3
Page 1, line 11 [Clause 1], leave out 'is satisfied' and insert 'believes'.
Mr Andrew Dismore
4
Page 1, line 14 [Clause 1], leave out 'may' and insert 'shall'.
Mr Andrew Dismore
5
Page 1, line 15 [Clause 1], leave out ', so far as it considers it to be material,'.
Mr Tom Pendry
Mrs Sylvia Heal
Mr Secretary Milburn
38
*Page 1, line 17 [Clause 1], leave out 'carer' and insert 'individual'.
Mr Andrew Dismore
6
Page 1, line 19 [Clause 1], after 'employment', insert ', contract for services,'.
Mr Andrew Dismore
7
Page 1, line 23 [Clause 1], leave out 'may' and insert 'shall'.
Mrs Sylvia Heal
8
Page 1, line 26 [Clause 1], leave out 'considers appropriate' and insert 'shall agree with the carer'.
Mrs Sylvia Heal
9
Page 2, line 2 [Clause 1], at end add 'and "volunteer" means somebody who may receive out of pocket expenses but not paid remuneration in relation to caring responsibilities.'.
Mr Gareth R. Thomas (Harrow West)
10
Page 2, line 3 [Clause 2], after 'decide', insert 'in consultation with the carer'.
Mrs Sylvia Heal
11
Page 2, line 8 [Clause 2], leave out 'whether or not' and insert 'how'.
Mrs Sylvia Heal
12
Page 2, line 11 [Clause 2], leave out 'sees fit to provide' and insert 'provides, or is under a statutory duty to provide'.
Mr Andrew Dismore
13
Page 2, line 12 [Clause 2], leave out 'in the local authority's view'.
John Austin
14
Page 2, line 16 [Clause 2], after 'service', insert 'or other assistance'.
Mr Tom Pendry
Mr Secretary Milburn
39
*Page 2, line 18 [Clause 2], after 'services', insert 'and they both agree it is to be so delivered'.
Mr Gareth R. Thomas (Harrow West)
15
Page 2, line 20 [Clause 2], at end insert 'without the consent of the person cared for'.
Mr Paul Burstow
Mr Andrew George
37
*Page 2, line 20 [Clause 2], at end insert—
'(3A) A service cannot be provided to a carer where it could otherwise be provided to the person cared for if it:
(a) is one which could fall within community care services; and
(b) is one that the person cared for does not object to receiving as a community care service provided to him.'.
Ms Karen Buck
16
Page 2, line 23 leave out Clause 3.
Mr Huw Edwards
Mr Paul Burstow
36
Page 2, line 27 [Clause 3], after 'services', insert 'in lieu of the care'.
John Austin
17
Page 2, line 31 [Clause 3], after 'value', insert 'and denominations'.
John Austin
18
Page 2, line 32 [Clause 3], after 'time', insert 'or frequency'.
John Austin
19
Page 2, line 34 [Clause 3], after 'arrangement', insert ', charging regime,'.
John Austin
20
Page 2, line 38 [Clause 3], at end add—
'(e) for the maximum amount of change in money which can be given in return for the unspent portion of a voucher.'.
Ms Karen Buck
21
Page 2, line 38 [Clause 3], at end add—
'(e) that a local authority shall use its best endeavours to negotiate with local suppliers discounts for those using money vouchers.'.
Mr Tom Pendry
Mr Secretary Milburn
29
Page 2, line 42 [Clause 4], leave out '(1)' and insert '(2)'.
Mr Tom Pendry
Mr Secretary Milburn
30
Page 2, line 43 [Clause 4], leave out '(1A)' and insert '(2A)'.
Mr Tom Pendry
Mr Secretary Milburn
31
Page 2, line 43 [Clause 4], leave out 'such an assessment' and insert 'an assessment under subsection (1) or (2)'.
Mr Tom Pendry
Mr Secretary Milburn
32
Page 3, line 1 [Clause 4], after '1', insert 'or (Assessments: parents of disabled children)'.
Mr Tom Pendry
Mr Secretary Milburn
33
Page 3, line 27 [Clause 4], at end insert—
'( ) The local authority's decision under subsection (4) is to be made without regard to the means of the carer or of the person cared for.'.
Mr Eric Forth
Mr David Maclean
48
*Page 3, line 27 [Clause 4], at end insert—
'( ) The decision of the local authority under subsection (4) is to be made taking full account of the means of the carer or person cared for and determined appropriately.'.
Mr Tom Pendry
Mr Secretary Milburn
34
Page 3, line 33 [Clause 5], leave out 'and' and insert—
'( ) for paragraph (b), substitute—
"(b) in the case of a person—
(i) whose needs the local authority have decided call for the provision of community care services, he is of a description which is specified for the purposes of this subsection by regulations made by the Secretary of State, or
(ii) whom the local authority have decided to provide with services under the Carers and Disabled Children Act 2000, he is not of a description so specified by regulations made by the Secretary of State,"; and'.
