Amendments proposed to the Health and Social Care Bill - continued | House of Commons |
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Mr Paul Burstow 300 Clause 48, page 42, line 42, at end insert'(2) In this section
(ii) involving the planning and supervision or delegation of the provision of care by a registered nurse, or (iii) provided under the supervision or delegation of a registered nurse whether that nurse is present or not present when the service is carried out, or (iv) provided by a non-registered staff or care workers following training or assessment by a registered nurse, or (v) involving the provision of any equipment or personal aid that has been assessed as needed by a person and which would be provided by or under contract with a National Health Service body if that person did not reside either temporarily or permanently in either a residential or nursing home;
(3) Any assessment for the provision of nursing care shall be carried out by a registered nurse.'.
Dr Peter Brand 264 Clause 48, page 42, line 43, leave out subsection (2) and insert'(2) The Secretary of State shall by regulations prescribe the meaning of "care" in section.'.
Dr Liam Fox 307 *Clause 48, page 42, line 43, leave out 'by a registered nurse'.
Dr Liam Fox 308 *Clause 48, page 43, line 1, at beginning insert 'usually or routinely of a type'.
Dr Liam Fox 309 *Clause 48, page 43, line 4, leave out from beginning to end of line 6.
Mr Paul Burstow 225 Clause 48, page 43, line 6, at end add'(3) The Secretary of State shall make regulations providing that all those involved in community care shall be required to undergo a training course explaining the role and responsibilities of those providing nursing care. (4) Before making such regulations the Secretary of State shall consult relevant medical, social and pensioner organisations.'.
Mr Paul Burstow 301 Clause 48, page 43, line 6, at end add'(3) In section 22 of the National Assistance Act 1948 (which provides for the assistance of persons in need by local authorities) subsection (2) is omitted and the following subsection is inserted
Mr Paul Burstow 302 Clause 48, page 43, line 6, at end add'( ) In subsection (2) of section 17 of the Health and Social Services and Social Security Adjudications Act 1983 (which makes provision relating to the financing of certain social services in England and Wales), after "services" there is inserted "excluding any personal care service within the meaning of section 48(5) of the Health and Social Care Act 2001".'.
Mr Paul Burstow 303 Clause 48, page 43, line 6, at end add'( ) "Personal care services" means any service or services which a person has been assessed as being in need of under section 47 of the National Health Service and Community Care Act 1990 and which is care provided in respect of the following matters
Mr John Denham 266 Clause 49, page 43, line 16, leave out from beginning to 'is' in line 17 and insert'(1A) For the purposes of this section a "qualifying person" is
(2) Where a qualifying person'.
Dr Liam Fox 314 *Clause 49, page 44, line 18, at end insert'(8A) The relevant authority may by regulations prescribe that local authorities shall communicate such information as it shall prescribe concerning the effect of this section to persons who are likely to be qualifying persons on the appointed day, in such manner and at such time prior to the appointed day as it shall prescribe.'.
Mr John Denham 267 Clause 49, page 44, leave out lines 28 and 29.
Mr John Denham 268 Clause 49, page 44, line 34, at end insert
Mr John Denham 269 Clause 50, page 44, line 35, leave out 'This section applies to any person in relevant premises who' and insert 'For the purposes of this section a "claimant" is
Mr John Denham 270 Clause 50, page 44, line 37, at end insert ', or
Mr John Denham 271 Clause 50, page 44, line 40, leave out 'person to whom this section applies' and insert 'claimant'.
Mr John Denham 272 Clause 50, page 44, line 42, leave out 'purposes connected with the performance of functions under section 49' and insert 'qualifying purposes'.
Mr John Denham 273 Clause 50, page 44, line 45, at end insert'(2A) Where information relating to a claimant is supplied to any authority or person ("the recipient") in accordance with subsection (2), the information may be supplied by the recipient, for qualifying purposes
(2B) In subsections (2) and (2A) "qualifying purposes", in relation to information relating to a claimant, means
Mr John Denham 274 Clause 50, page 45, line 2, after '(2)', insert 'or (2A)'.
Mr John Denham 275 Clause 50, page 45, line 11, at beginning insert '"the appointed day",'.
Mr Paul Burstow 293 Clause 52, page 45, line 34, after 'person', insert( ) a local authority shall not consider care and attention to be otherwise available if the person is not willing or not able to make their own arrangements and there is no one else both willing and able to do so on their behalf; and ( )'.
Mr Paul Burstow 294 Clause 52, page 45, line 40, at end add'(3) Where a person
any liability of that person to make any payments under existing arrangements, or alternative arrangements which may be made, shall cease either at the date that the request for the assessment is notified to the local authority or at the date at which the person becomes financially eligible for assistance (under regulations made for the purposes of section 22 of this Act) if later, and liability shall pass to the local authority to fund that care and attention at that date. Regulations may provide for criteria as to whether the existing arrangements continue. (3A) However the responsible authority may in respect of any payment made by them in pursuance of subsection (3) recover from that person such an amount in accordance with regulations made for the purposes of section 22 of this Act. (3B) A person will be entitled to recover any monies paid in excess of that for which he is liable in accordance with the regulations made for the purposes of section 22 of this Act, from the point the local authority became liable under section 21(3).'.
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