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[AS AMENDED IN STANDING COMMITTEE
C] |
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Place
duties on local authorities and health bodies in respect of carers;
and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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Duty
to inform carers of right to assessment |
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(1) |
In section 1 of the Carers
(Recognition and Services) Act 1995 (c. 12) |
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(assessment of ability of
carers to provide care), after subsection (2A) there is |
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(a) |
a
local authority are carrying out an assessment mentioned in |
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paragraph
(a) of either subsection (1) or subsection (2) above in |
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relation
to the relevant person or (as the case may be) a disabled |
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(b) |
it
appears to the local authority that an individual may be |
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entitled
to request (but has not requested) an assessment under |
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the
subsection in question of his ability to provide and to |
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continue
to provide care for the relevant person or the disabled |
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the
local authority must inform the individual that he may be so |
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entitled
before they make their decision as to the needs of the relevant
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person
or the disabled child.” |
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(2) |
After section 6 of the Carers
and Disabled Children Act 2000 (c. 16) there is |
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“6A |
Duty to inform carers
of right to assessment |
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(1) |
Subsection (2) applies if
it appears to a local authority that it would be |
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required
to carry out a carer’s assessment on being asked to do so
by— |
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(b) |
a
person with parental responsibility for a disabled child (“the
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(2) |
The local authority must
inform the carer or, as appropriate, the |
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responsible
person that he may be entitled to a carer’s assessment (but
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this
is subject to subsections (3) and (4)). |
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(3) |
Subsection (2) does not
apply in relation to the carer if the local |
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authority
has previously— |
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(a) |
carried
out a carer’s assessment for him in relation to the person
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(b) |
informed
him that he may be entitled to a carer’s assessment in |
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relation
to the person cared for, or |
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(c) |
carried
out an assessment of him under section 4(3) of the |
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Community
Care (Delayed Discharges etc.) Act 2003 in relation |
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(4) |
Subsection (2) does not
apply in relation to the responsible person if the |
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local
authority has previously carried out a carer’s assessment
for him |
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in
relation to the disabled child or informed him that he may be
entitled |
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to
a carer’s assessment in relation to the disabled child. |
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(5) |
In this section “carer’s
assessment” means— |
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(a) |
in
the case of the carer, an assessment under section 1 of his |
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ability
to provide and to continue to provide care for the person |
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(b) |
in
the case of the responsible person, an assessment under |
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section
6 of his ability to provide and to continue to provide care |
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(1) |
In section 1 of the Carers
(Recognition and Services) Act 1995 (c. 12) |
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(assessment of ability of
carers to provide care), after subsection (2B) (inserted |
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by section 1)
there is inserted— |
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“(2C) |
An assessment under subsection
(1) or (2) above must include |
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consideration
of whether the carer— |
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(a) |
works
or wishes to work, |
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(b) |
is
undertaking, or wishes to undertake, education, training or |
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(2) |
In section 1 of the Carers
and Disabled Children Act 2000 (c. 16) (right of carer |
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to assessment), after subsection
(3) there is inserted— |
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“(3A) |
An assessment under subsection
(1) must include consideration of |
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(a) |
works
or wishes to work, |
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(b) |
is
undertaking, or wishes to undertake, education, training or |
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(3) |
In section 6 of that Act
(assessment of person with parental responsibility |
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caring for disabled child),
after subsection (2) there is inserted— |
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“(2A) |
An assessment under subsection
(1) must include consideration of |
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whether
the person with parental responsibility for the child— |
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(a) |
works
or wishes to work, |
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(b) |
is
undertaking, or wishes to undertake, education, training or |
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3 |
Co-operation
between authorities |
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(1) |
If a local authority requests
an authority mentioned in subsection (5) to assist |
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it in planning the provision
of services to persons— |
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(a) |
entitled to an assessment
under any of the provisions mentioned in |
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(b) |
for whom those persons provide,
or intend to provide, a substantial |
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amount of care on a regular
basis, |
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the
authority mentioned in subsection (5) must give due consideration
to the |
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(2) |
Subsection (3) applies if— |
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(a) |
under a provision mentioned
in subsection (4) a local authority is |
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assessing, or has assessed,
the ability of a person (“the carer”) to |
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provide and to continue to
provide care for another person (“the person |
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(b) |
the local authority forms
the view that the carer’s ability to provide and |
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to continue to provide care
for the person cared for might be enhanced |
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by the provision of services
(whether for the carer or the person cared |
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for) by an authority mentioned
in subsection (5). |
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(3) |
If the local authority requests
such an authority to provide any such services |
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the authority or person must
give due consideration to the request. |
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(a) |
section 1 of the Carers (Recognition
and Services) Act 1995 (c. 12), and |
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(b) |
sections 1 and 6 of the Carers
and Disabled Children Act 2000 (c. 16). |
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(a) |
any other local authority, |
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(b) |
any local education authority, |
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(c) |
any local housing authority,
and |
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(d) |
any Special Health Authority,
Local Health Board, Primary Care Trust, |
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National Health Service Trust
or NHS foundation trust. |
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(6) |
Subsections (1) and (3)
do not apply in relation to any action which could be |
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the subject of a request
by the local authority to the authority mentioned in |
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subsection (5) under section
27 of the Children Act 1989 (c. 41). |
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“local
authority” has the same meaning as in section 46 of the
National |
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Health
Service and Community Care Act 1990 (c. 19), |
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“local
education authority” has the same meaning as in the Education
Act |
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“local
housing authority” has the same meaning as in the Housing
Act |
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45 |
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In Schedule 1 to the Local Authority
Social Services Act 1970 (c. 42) (which sets |
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out enactments conferring functions
referred to each local authority’s social |
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services committee), at the end
there is inserted— |
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“Carers (Equal
Opportunities) |
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5 |
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Section 3,
in so far as it confers |
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Co-operation between
authorities.” |
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functions
on a local authority |
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within
the meaning of that |
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There shall be paid out of money
provided by Parliament any increase |
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attributable to this Act in the
sums payable out of money so provided by virtue |
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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Carers (Equal Opportunities) Act 2004. |
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(2) |
Apart from this section,
this Act comes into force on such day as may be |
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appointed by order made by
statutory instrument. |
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(3) |
An order under subsection
(2) is to be made— |
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(a) |
in relation to England, by
the Secretary of State, and |
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(b) |
in relation to Wales, by the
National Assembly for Wales. |
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(4) |
Different days may be appointed
for different provisions or for different |
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(5) |
The Secretary of State may
by order made by statutory instrument provide that |
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section 3
of this Act shall have effect in its application to the Isles
of Scilly with |
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such modifications as are
specified in the order. |
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(6) |
A statutory instrument containing
an order under subsection (5) shall be |
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subject to annulment in pursuance
of a resolution of either House of |
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(7) |
This Act extends to England
and Wales only. |
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