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Personal Care at Home Bill


 

Personal Care at Home Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health, are published

separately as HL Bill 23—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Thornton has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Personal Care at Home Bill are compatible with the

Convention rights.

 
HL Bill 2354/5
 

 


 

Personal Care at Home Bill

 

 
 

Contents

1   

Free provision of personal care at home

2   

Extent and short title

 

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Personal Care at Home Bill

1

 

A

Bill

To

Amend section 15 of the Community Care (Delayed Discharges etc.) Act 2003

so as to remove the restriction on the period for which personal care may be

provided free of charge to persons living at home; and to make consequential

provision. 

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       

Free provision of personal care at home

(1)   

Section 15 of the Community Care (Delayed Discharges etc.) Act 2003 (power

to require free provision of local authority care services in England) is

amended as set out in subsections (2) to (5).

(2)   

In subsection (4) (six-week restriction on free provision of certain services), for

5

paragraph (b) substitute—

“(b)   

the provision of personal care to a person living in

accommodation that an establishment provides to the person

together with the care;”.

(3)   

After subsection (4) insert—

10

“(4A)   

Subsection (4)(b) does not apply to the provision of personal care under

arrangements made in connection with an adult placement scheme

(within the meaning given by section 22(6) of the Safeguarding

Vulnerable Groups Act 2006).”

(4)   

After subsection (4A) insert—

15

“(4B)   

Regulations requiring the provision of personal care to a person living

at home to be free of charge for more than six weeks may, in

particular—

(a)   

impose on a local authority functions (including the exercise of

a discretion) relating to eligibility for the free provision;

20

(b)   

make provision by reference to guidance given under section 7

of the Local Authority Social Services Act 1970.

 

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Personal Care at Home Bill

2

 

(4C)   

Provision by virtue of subsection (4B)(a) may, in particular, authorise a

local authority to make a person’s eligibility for the free provision

conditional on the person undergoing a process designed to maximise

the person’s ability to live independently.

(4D)   

For the purposes of this section, a provision of personal care is to a

5

person living at home if the provision does not come within subsection

(4)(a) or (b).”

(5)   

After subsection (4D) insert—

“(4E)   

Section 21(5) of the National Assistance Act 1948 (references to

accommodation provided under Part 3 of that Act to include services

10

etc. provided in connection with the accommodation) applies for the

purposes of this section as it applies for the purposes of that Act.”

(6)   

In Schedule 1 to the Local Authority Social Services Act 1970 (list of social

services functions), in the entry for the Community Care (Delayed Discharges

etc.) Act 2003, after the entry for Part 1, insert—

15

 

“Part 2

Functions imposed by regulations

 
  

relating to eligibility for free

 
  

provision of personal care to

 
  

persons living at home.”

 

(7)   

In Part 3 of the National Assistance Act 1948 (local authority services)—

20

(a)   

in section 22 (charges for accommodation), in subsection (8A), after

“section 15” insert “or 16”, and

(b)   

in section 26 (recovery of costs of accommodation in voluntary

organisations’ premises), in subsection (4AA), after “section 15” insert

“or 16”.

25

(8)   

In section 17 of the Health and Social Services and Social Security

Adjudications Act 1983 (recovery of charges for local authority services), in

subsection (5), after “section 15” insert “or 16”.

2       

Extent and short title

(1)   

This Act extends to England and Wales only.

30

(2)   

This Act may be cited as the Personal Care at Home Act 2010.

 
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