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| New Amendments handed in are marked thus  |
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| Personal Care at Home Bill
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| Clause 1, page 1, line 1, leave out ‘free’. |
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| Clause 1, page 1, line 1, after ‘home’, insert ‘free of charge’. |
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| Clause 1, page 1, line 2, leave out ‘power to require’. |
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| Clause 1, page 1, line 3, leave out ‘of local authority care’. |
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| Clause 1, page 1, line 4, at end insert— |
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| | ‘(1A) | Section 15 shall be retitled “Provision of services in England free of charge.”’. |
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| Clause 1, page 1, line 5, leave out subsection (2). |
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| Clause 1, page 1, line 5, leave out ‘free’. |
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| Clause 1, page 1, line 5, after ‘services’, insert ‘free of charge’. |
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| Clause 1, page 1, line 7, leave out from ‘in’ to end of line 8 and insert— |
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| | (ii) | sheltered accommodation; |
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| | (iii) | warden controlled accommodation; |
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| | (iv) | care home without nursing; |
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| | (v) | care home with nursing.’. |
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| Clause 1, page 1, line 8, at end insert— |
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| | ‘(2A) | In subsection (4), leave out paragraph (c).’. |
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| Clause 1, page 1, line 8, at end insert— |
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| | ‘(2A) | After subsection (4) insert— |
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| | “(4A) | In subsection (4) “care home”— |
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| | (a) | in relation to England and Wales, has the same meaning as in the |
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| | Care Standards Act 2000 (c. 14), and |
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| | (b) | in relation to Northern Ireland, means a residential care home as |
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| | defined by Article 10 of the Health and Personal Social Services |
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| | (Quality, Improvement and Regulation) (Northern Ireland) |
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| | Order 2003 (S.I. 2003/431 (N.I. 9)) or a nursing home as defined |
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| | by Article 11 of that Order.”’. |
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| Clause 1, page 1, line 10, after ‘apply’, insert— |
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| Clause 1, page 1, line 13, at end insert— |
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| | ‘(b) | to such other arrangements for the provision of personal care as the |
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| | Secretary of State may, by regulations, specify.’. |
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| Clause 1, page 1, line 15, leave out ‘personal’. |
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| Clause 1, page 1, line 17, after ‘authority’, insert ‘or primary care trust’. |
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| Clause 1, page 1, line 17, leave out ‘(including the exercise of a discretion)’. |
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| Clause 1, page 1, line 20, at end insert— |
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| | ‘(c) | exempt a local authority from providing personal care free of charge to a |
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| | person eligible for or in receipt of continuing care.’. |
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| Clause 1, page 1, line 20, at end insert— |
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| | ‘(4BA) | Any local authority not in receipt of funds from central government equivalent to |
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| | the full cost of providing personal care to people living at home shall not be |
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| | obliged to provide such care.’. |
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| Clause 1, page 1, line 20, at end insert— |
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| | ‘(4BA) | The Secretary of State shall report annually to Parliament the compatibility of any |
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| | new regulations and guidance relating to the provision of personal care to a |
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| | person living at home with the European Convention on Human Rights.’. |
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| Clause 1, page 1, line 20, at end insert— |
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| | ‘(c) | make provision for a local authority to operate additional schemes for the |
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| | provision of personal care free of charge.’. |
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| Clause 1, page 1, line 20, at end insert— |
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| | ‘(c) | allow for a direct payment to be made if requested, in lieu of direct |
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| | provision of the service.’. |
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| Clause 1, page 1, line 20, at end insert— |
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| | ‘(c) | specify that the assessment of the person in need of assistance with |
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| | personal care should not be prejudiced by whether a carer is willing or |
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| | (d) | allow for any “qualifying service” to be any service which meets any |
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| | need of the person who requires assistance with personal care; |
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| | (e) | ensure that any services which are purchased or arranged do not preclude |
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| | those provided under section 2 of the Carers and Disabled Children Act |
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| | (4BB) | For the purposes of this section, “carer” has the meaning of section (1) of the |
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| | Carers and Disabled Children Act 2000.’. |
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| Clause 1, page 1, line 21, leave out from beginning to end of line 2 on page 2. |
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| Clause 1, page 2, line 1, leave out ‘undergoing’ and insert ‘undertaking to |
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| Clause 1, page 2, line 1, leave out ‘a’ and insert ‘at least one’. |
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| Clause 1, page 2, line 2, at end insert— |
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| | ‘(4CA) | Any process under subsection (4C) may not be contingent on the activity of, or |
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| Clause 1, page 2, line 2, at end insert— |
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| | ‘(4CA) | The process under subsection (4C) shall be available to any person with care |
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| | needs according to guidance issued under section 7(1) of the Local Authority |
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| | Social Services Act 1970.’. |
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| Clause 1, page 2, line 3, leave out ‘personal’. |
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| Clause 1, page 2, line 4, leave out from ‘provision does not come within subsection |
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| (4)(a) or (b)’ and insert ‘person identifies their place of residence as their only or principal |
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| home; and “only or principal home” has the same meaning as in the Housing Act 1985 (c. |
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| Clause 1, page 2, line 4, at end insert— |
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| | ‘(4DA) | The Secretary of State may by regulations restrict the cost to local authorities of |
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| | providing personal care to people living at home.’. |
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| Clause 1, page 2, line 4, at end insert— |
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| | ‘(4E) | For the purposes of this section “personal care” has the meaning in section |
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| | [Definition of “personal care”].’. |
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| Clause 1, page 2, line 4, at end insert— |
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| | ‘(4E) | Provision by virtue of subsection (4B) may for the purposes of this section not |
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| | require the recipient of care to undergo the process defined in subsection (4C) if, |
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| | in the assessment of a registered medical practitioner, the life expectancy of the |
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| | person is such that the process will be limited or no benefit, or detrimental to the |
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| | health of the patient, or will not alter their care needs. |
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| | (4F) | Provision by virtue of subsection (4B) may for the purposes of this section not |
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| | require the recipient of care to undergo the process defined in subsection (4C) if, |
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| | in the assessment of a registered practitioner, the process will be of limited or no |
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| | benefit, or detrimental to the health of the patient, or will not alter their care |
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| Clause 1, page 2, line 9, at end insert— |
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| | ‘(5A) | After subsection (4E) (inserted by subsection (5) of this section) insert— |
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| | “(4F) | The Secretary of State may by regulations authorise a local authority to |
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| | disburse a cash payment to a person living in accommodation that an |
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| | establishment provides to the person together with the care which is |
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| | equivalent to the payment they would have received were they not living |
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| | in such accommodation.”’. |
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| Clause 1, page 2, line 9, at end insert— |
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| | ‘(5A) | For subsection (6) substitute— |
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| | | “The Secretary of State may not make a statutory instrument under this |
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| | section unless a draft of the instrument has been laid before, and |
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| | approved by a resolution of, each House of Parliament.”’. |
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| Clause 1, page 2, line 9, at end insert— |
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| | ‘(4F) | For the purposes of this section where a person has been assessed as deafblind, |
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| | personal care shall include the provision of communication and mobility |
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| Clause 1, page 2, line 9, at end insert— |
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| | ‘(5A) | After subsection (4E) insert— |
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| | “(4F) | The Secretary of State may by regulations authorise a local authority to |
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| | make transitional arrangements for a person moving from or to |
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| | accommodation that an establishment provides to the person together |
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| Clause 1, page 2, line 9, at end insert— |
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| | ‘(4F) | For the purposes of this section where a person has been assessed as having a |
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| | diagnosis of dementia local authorities providing personal care at home shall |
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| | ensure that the services are delivered by staff with an understanding of |
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| Clause 1, page 2, line 14, leave out ‘free’. |
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| Clause 1, page 2, line 15, leave out ‘personal’. |
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| Clause 1, page 2, line 15, after ‘care’, insert ‘free of charge’. |
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| Clause 1, page 2, line 16, at end insert— |
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| | ‘(6A) | The Secretary of State shall report annually to Parliament— |
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| | (a) | the costs of delivering personal care at home in that year; |
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| | (b) | the estimated costs of delivering personal care at home in future years.’. |
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| Clause 1, page 2, line 16, at end insert— |
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| | ‘(6A) | The Secretary of State shall report annually to Parliament— |
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| | (a) | the number of people receiving personal care at home under the terms of |
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| | the Act in that year in every local authority area in England; |
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| | (b) | the cost of providing personal care at home under the terms of the Act in |
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| | that year in every local authority area in England.’. |
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| Clause 1, page 2, line 17, leave out subsection (7). |
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| Clause 1, page 2, line 18, after ‘accommodation’, insert ‘England and Wales’. |
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| Clause 1, page 2, line 20, leave out from ‘26’ to ‘in’ in line 21 and insert |
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| ‘(provision of accommodation in premises maintained by voluntary organisations)’. |
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| Clause 2, page 2, line 27, at end insert— |
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| | ‘(1A) | The provisions of this Act come into force on whatever day the Secretary of State |
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| | appoints by order made by statutory instrument.’. |
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| Clause 2, page 2, line 28, leave out ‘at Home’. |
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| To move the following Clause:— |
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| | ‘The Government will report on the feasibility of the Govenment underwriting |
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| | providers of social care insurance.’. |
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| | Definition of “personal care” |
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| To move the following Clause:— |
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| | ‘For the purposes of this Act “personal care” means: |
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| | (a) | as regards the personal hygiene of the person cared for— |
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| | (ii) | cleaning teeth (whether or not they are artificial) by means of a |
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| | brush or dental floss and (in the case of artificial teeth) by means |
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| | (iii) | providing assistance in rinsing the mouth; |
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| | (iv) | keeping finger nails and toe nails trimmed; |
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| | (v) | assisting the person with going to the toilet or with using a |
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| | bedpan or other receptacle; |
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| | (vi) | where the person is fitted with a catheter or stoma, providing |
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| | such assistance as is requisite to ensure cleanliness and that the |
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| | skin is kept in a favourable hygienic condition; |
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| | (vii) | where the person is incontinent— |
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| | (a) | the consequential making of the person’s bed and |
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| | consequential changing and laundering of the person’s |
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| | bedding and clothing; and |
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| | (b) | caring for the person’s skin to ensure that it is not |
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| | (b) | as regards eating requirements, the preparation of, or the provision of any |
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| | assistance with the preparation of, the person’s food including (without |
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| | prejudice to that generality)— |
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| | (i) | defrosting, washing, peeling, cutting, chopping, pureeing, |
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| | mixing or combining, cooking, heating or re-heating, or |
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| | otherwise preparing food or ingredients; |
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