Amendments proposed to the Health and Social Care Bill - continued	House of Commons
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Mr Paul Burstow
Dr Peter Brand

300

Clause     48,     page     42,     line     42,     at end insert—

    '(2) In this section—

(a) "nursing care" means any services—

(i) provided by a registered nurse, or

(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;

(b) "health care services" means the diagnosis, assessment, monitoring and any care, treatment or therapy which the person is assessed by a practitioner either employed by or working under contract to a National Health Service body as requiring, 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
Mr Paul Burstow

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
Mr Philip Hammond

307

*Clause     48,     page     42,     line     43,     leave out 'by a registered nurse'.

   

Dr Liam Fox
Mr Philip Hammond

308

*Clause     48,     page     43,     line     1,     at beginning insert 'usually or routinely of a type'.

   

Dr Liam Fox
Mr Philip Hammond

309

*Clause     48,     page     43,     line     4,     leave out from beginning to end of line 6.

   

Mr Paul Burstow
Dr Peter Brand

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
Dr Peter Brand

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—

"(2) Subject to the following provisions of this section, the payment which a person is liable to make for any such accommodation shall be in accordance with a standard rate fixed for that accommodation by the authority managing the premises in which it is provided and that standard rate shall exclude any costs for personal care services, within the meaning of section 48(5) of the Health and Social Care Act 2001.".

   

Mr Paul Burstow
Dr Peter Brand

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
Dr Peter Brand

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—

(a) personal toilet (including washing, bathing, skin care, personal presentation, dressing and undressing and skin care);

(b) eating and drinking (but not the obtaining or preparation of food and drink);

(c) the management of urinary and bowel functions (including the maintenance of continence and the management of incontinence);

(d) the management of problems associated with immobility;

(e) the management of prescribed treatment (including the administration and monitoring of any medication);

(f) behaviour management and ensuring personal safety (including the reduction of stress or risk for persons with cognitive impairment); or

(g) associated teaching, enabling and psychological support from a skilled professional, and assistance with cognitive functions to enable a person to undertake personal care tasks himself or with help.'.

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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—

(a) (in relation to any time before the appointed day) a person to whom section 26A(1) or section 86A(1) applies; or

(b) (in relation to any later time) a person to whom either of those sections applied immediately before that day.

    (2) Where a qualifying person'.

   

Dr Liam Fox
Mr Philip Hammond

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—

' "the responsible authority" shall be construed in accordance with subsection (2).'.

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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—

(a) (in relation to any time before the appointed day) a person who is ordinarily resident in relevant premises and'.

   

Mr John Denham

270

Clause     50,     page     44,     line     37,     at end insert ', or

(b) (in relation to any later time) a person who fell within paragraph (a) immediately before that day.'.

   

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—

(a) to any local authority appearing to the recipient to be providing the claimant with community care services with respect to his accommodation; or

(b) to any person providing services to, or authorised to exercise functions of, any such local authority.

    (2B) In subsections (2) and (2A) "qualifying purposes", in relation to information relating to a claimant, means—

(a) purposes connected with the performance of functions under section 49 in relation to the claimant, or

(b) other purposes connected with the termination of his preserved right in consequence of section 51(1), or

(c) (in subsection (2)) any further supply of the information under subsection (2A).'.

   

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",'.

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Mr Paul Burstow
Dr Peter Brand

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
Dr Peter Brand

294

Clause     52,     page     45,     line     40,     at end add—

    '(3) Where a person—

(i) has previously made their own arrangements for care and attention in a residential care or nursing home, and

(ii) has requested an assessment under section 47 of the National Health Service and Community Care Act 1990 inter alia to obtaining community care services, including accommodation provided under section 21(1), and

(iii) the authority has assessed that person as being in need of such care and attention under section 21(1)

    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).'.

Prepared 2 Feb 2001