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Carers (Equal Opportunities) Bill


Carers (Equal Opportunities) Bill

1

 

A

Bill

[AS AMENDED IN STANDING COMMITTEE C]

To

Place duties on local authorities and health bodies in respect of carers; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Duty to inform carers of right to assessment

(1)   

In section 1 of the Carers (Recognition and Services) Act 1995 (c. 12)

(assessment of ability of carers to provide care), after subsection (2A) there is

inserted—

“(2B)   

In any case where—

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(a)   

a local authority are carrying out an assessment mentioned in

paragraph (a) of either subsection (1) or subsection (2) above in

relation to the relevant person or (as the case may be) a disabled

child, and

(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

the subsection in question of his ability to provide and to

continue to provide care for the relevant person or the disabled

child,

   

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

person or the disabled child.”

(2)   

After section 6 of the Carers and Disabled Children Act 2000 (c. 16) there is

inserted—

“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

required to carry out a carer’s assessment on being asked to do so by—

 
Bill 72 53/3
 
 

Carers (Equal Opportunities) Bill

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(a)   

the carer, or

(b)   

a person with parental responsibility for a disabled child (“the

responsible person”).

(2)   

The local authority must inform the carer or, as appropriate, the

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)).

(3)   

Subsection (2) does not apply in relation to the carer if the local

authority has previously—

(a)   

carried out a carer’s assessment for him in relation to the person

cared for,

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(b)   

informed him that he may be entitled to a carer’s assessment in

relation to the person cared for, or

(c)   

carried out an assessment of him under section 4(3) of the

Community Care (Delayed Discharges etc.) Act 2003 in relation

to the person cared for.

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(4)   

Subsection (2) does not apply in relation to the responsible person if the

local authority has previously carried out a carer’s assessment for him

in relation to the disabled child or informed him that he may be entitled

to a carer’s assessment in relation to the disabled child.

(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

ability to provide and to continue to provide care for the person

cared for,

(b)   

in the case of the responsible person, an assessment under

section 6 of his ability to provide and to continue to provide care

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for the disabled child.”

2       

Assessment of carers

(1)   

In section 1 of the Carers (Recognition and Services) Act 1995 (c. 12)

(assessment of ability of carers to provide care), after subsection (2B) (inserted

by section 1) there is inserted—

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“(2C)   

An assessment under subsection (1) or (2) above must include

consideration of whether the carer—

(a)   

works or wishes to work,

(b)   

is undertaking, or wishes to undertake, education, training or

any leisure activity.”

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(2)   

In section 1 of the Carers and Disabled Children Act 2000 (c. 16) (right of carer

to assessment), after subsection (3) there is inserted—

“(3A)   

An assessment under subsection (1) must include consideration of

whether the carer—

(a)   

works or wishes to work,

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(b)   

is undertaking, or wishes to undertake, education, training or

any leisure activity.”

(3)   

In section 6 of that Act (assessment of person with parental responsibility

 

 

Carers (Equal Opportunities) Bill

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caring for disabled child), after subsection (2) there is inserted—

“(2A)   

An assessment under subsection (1) must include consideration of

whether the person with parental responsibility for the child—

(a)   

works or wishes to work,

(b)   

is undertaking, or wishes to undertake, education, training or

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any leisure activity.”

3       

Co-operation between authorities

(1)   

If a local authority requests an authority mentioned in subsection (5) to assist

it in planning the provision of services to persons—

(a)   

entitled to an assessment under any of the provisions mentioned in

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subsection (4), or

(b)   

for whom those persons provide, or intend to provide, a substantial

amount of care on a regular basis,

   

the authority mentioned in subsection (5) must give due consideration to the

request.

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(2)   

Subsection (3) applies if—

(a)   

under a provision mentioned in subsection (4) a local authority is

assessing, or has assessed, the ability of a person (“the carer”) to

provide and to continue to provide care for another person (“the person

cared for”), and

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(b)   

the local authority forms the view that the carer’s ability to provide and

to continue to provide care for the person cared for might be enhanced

by the provision of services (whether for the carer or the person cared

for) by an authority mentioned in subsection (5).

(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.

(4)   

The provisions are—

(a)   

section 1 of the Carers (Recognition and Services) Act 1995 (c. 12), and

(b)   

sections 1 and 6 of the Carers and Disabled Children Act 2000 (c. 16).

(5)   

The authorities are—

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(a)   

any other local authority,

(b)   

any local education authority,

(c)   

any local housing authority, and

(d)   

any Special Health Authority, Local Health Board, Primary Care Trust,

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

the subject of a request by the local authority to the authority mentioned in

subsection (5) under section 27 of the Children Act 1989 (c. 41).

(7)   

In this section—

   

“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),

   

“local education authority” has the same meaning as in the Education Act

1996 (c. 56), and

   

“local housing authority” has the same meaning as in the Housing Act

1985 (c. 68).

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Carers (Equal Opportunities) Bill

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4       

Minor amendment

In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (which sets

out enactments conferring functions referred to each local authority’s social

services committee), at the end there is inserted—

 

“Carers (Equal Opportunities)

   

5

 

Act 2004 (c.)

   
 

Section 3, in so far as it confers

Co-operation between authorities.”

 
 

functions on a local authority

   
 

within the meaning of that

   
 

section.

   

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5       

Financial provision

There shall be paid out of money provided by Parliament any increase

attributable to this Act in the sums payable out of money so provided by virtue

of any other Act.

6       

Short title, commencement and extent

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(1)   

This Act may be cited as the Carers (Equal Opportunities) Act 2004.

(2)   

Apart from this section, this Act comes into force on such day as may be

appointed by order made by statutory instrument.

(3)   

An order under subsection (2) is to be made—

(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.

(4)   

Different days may be appointed for different provisions or for different

purposes.

(5)   

The Secretary of State may by order made by statutory instrument provide that

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.

(6)   

A statutory instrument containing an order under subsection (5) shall be

subject to annulment in pursuance of a resolution of either House of

Parliament.

(7)   

This Act extends to England and Wales only.

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Revised 12 March 2004