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Personal Care at Home Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 21st July 2008, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

1[Withdrawn]
 

LORD LOW OF DALSTON

 

EARL HOWE

2Page 1, line 4, leave out "(2)" and insert "(1A)"
 

BARONESS MASHAM OF ILTON

 

EARL HOWE

3Page 1, line 4, leave out "(5)" and insert "(5A)"
 

LORD LOW OF DALSTON

 

EARL HOWE

4Page 1, line 4, at end insert—
"(1A)  After subsection (2) insert—
"(2A)  Where the regulations include a requirement for the provision of personal care to a person living at home to be free of charge for more than six weeks, providers of services in pursuance of the regulations must ensure that users of those services are involved in decisions made by the service provider as to how they will discharge their functions under the regulations.""
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

5Page 1, line 4, at end insert—
"(   )  In subsection (1), after "charge" insert "or charged at a prescribed rate ("preferentially")"."
6Page 1, line 4, at end insert—
"(   )  In subsection (2)(a) after "charge" insert "or charged preferentially"."
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

 

EARL HOWE

7Page 1, line 5, leave out subsection (2)
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

8Page 1, leave out lines 8 and 9 and insert "such accommodation as may be specified in regulations;""
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

 

BARONESS FINLAY OF LLANDAFF

 

LORD LOW OF DALSTON

9Page 1, line 11, leave out "personal"
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

 

EARL HOWE

10Page 1, line 14, at end insert—
"(4AA)  Subsection (4)(b) does not apply to the provision of personal care to a person living in extra care accommodation."
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

11Page 1, line 16, leave out "requiring" and insert "permitting"
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

 

BARONESS FINLAY OF LLANDAFF

 

LORD LOW OF DALSTON

12Page 1, line 16, leave out "personal"
 

BARONESS BARKER

13Page 1, line 16, leave out "living at home"
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

14Page 1, line 17, after "charge" insert "or charged preferentially"
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

15Page 1, line 19, leave out "(including the exercise of a discretion)"
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

16Page 1, line 20, after "free" insert "or preferential"
 

LORD BEST

17Page 1, line 22, at end insert—
"(   )  not be enacted before 1 April 2011"
 

BARONESS BARKER

18Page 1, line 22, at end insert—
"(   )  specify that the assessment of the person in need of assistance with personal care should not be prejudiced by whether a carer is willing or able to provide care;
(   )  allow for any "qualifying service" to be any service which meets any need of the person who requires assistance with personal care"
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

19Page 1, line 22, at end insert—
"(   )  specify the meaning of "personal care" for the purposes of this section"
20Page 1, line 22, at end insert—
"(   )  restrict the cost to local authorities of such free provision"
21Page 1, line 22, at end insert—
"(   )  make provision for those persons eligible for, or in receipt of, the free provision who are also deemed eligible for NHS continuing care"
22Page 1, line 22, at end insert—
"(   )  specify the extent to which practical assistance provided by a carer may be taken into account in decisions relating to eligibility for the free provision"
 

BARONESS BARKER

23Page 1, line 22, at end insert—
"(   )  exempt a local authority from providing personal care free of charge to a person eligible for, or in receipt of, continuing care"
 

BARONESS GREENGROSS

24Page 1, line 22, at end insert—
"(   )  require local authorities and primary care trusts to work together to assess a person's needs and deliver a package of personal care which is designed to maximise the person's ability to live independently"
 

BARONESS BARKER

25Page 2, leave out lines 1 to 4
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

26Page 2, line 1, leave out "may" and insert "must"
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

27Page 2, line 2, after "free" insert "or preferential"
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

28Page 2, line 3, leave out "maximise" and insert "improve"
 

BARONESS CAMPBELL OF SURBITON

29Page 2, line 4, at end insert—
"(   )  Provision by virtue of subsection (4B)(a) shall, in particular, require a local authority to assume funding responsibility for, and ensure continuity of free provision of personal care to, a person who—
(a)  has been deemed eligible for the free provision in another local authority, and
(b)  subsequently becomes ordinarily resident in its area,
  for such transitional period as may be prescribed."
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

30Page 2, line 4, at end insert—
"(   )  The regulations made under subsection (4B) may, in particular, provide for guidance to the effect that the process mentioned in subsection (4C)—
(a)  may not be imposed upon a person unless it is likely to prove of benefit to him in accordance with criteria to be specified in the guidance;
(b)  may not require the participation of a carer without the carer's agreement."
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

 

BARONESS FINLAY OF LLANDAFF

 

LORD LOW OF DALSTON

31Page 2, line 5, leave out "personal"
 

LORD BEST

32Page 2, line 7, at end insert—
"(   )  Provision by virtue of subsection (4B)(a) shall authorise a local authority to assess the suitability of the eligible person's home for independent living and any requirements for adaptations to the home necessary for the eligible person to maintain or regain the ability to live at home.
(   )  Provision of personal care shall include provision of aids and adaptations including installation of emergency call systems and any requirements for adaptations to the home necessary for the eligible person to maintain or regain the ability to live at home.
(   )  Regulations shall include requirements for a defined complaints procedure with entitlement to redress, as specified in guidance from the Secretary of State."
 

BARONESS GREENGROSS

33Page 2, line 7, at end insert—
"(   )  The regulations must specify that a person qualifies for personal care if they cannot carry out four or more activities of daily living without prompting or supervision."
34Page 2, line 7, at end insert—
"(   )  Provision by virtue of subsection (4B) may, in particular, authorise a local authority and primary care trust to offer a care package designed to maximise the person's abilty to live independently at home after a stay in hospital of more than one week."
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

 

BARONESS FINLAY OF LLANDAFF

 

LORD LOW OF DALSTON

35Page 2, line 12, at end insert—
"(   )  For the purposes of this section, where a person has been assessed as deafblind, provision of personal care to a person living at home shall include the provision of communication and mobility support."
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

36Page 2, line 12, at end insert—
"(   )  The Secretary of State shall report annually to Parliament on the compatibility of regulations made under this section with the European Convention on Human Rights."
 

BARONESS BARKER

37Page 2, line 12, at end insert—
"(   )  For the purposes of this section, where a person has been assessed as having a diagnosis of dementia, local authorities providing personal care at home shall ensure that the services are delivered by staff with an understanding of dementia."
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

 

EARL HOWE

38Page 2, line 12, at end insert—
"(   )  For subsection (6) substitute—
"(   )  Regulations made by the Secretary of State under this section are to be made by statutory instrument.
(   )  A statutory instrument which contains any regulations made under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.""
 

BARONESS MASHAM OF ILTON

 

EARL HOWE

39Page 2, line 12, at end insert—
"(   )  After section 16 of the Community Care (Delayed Discharges etc.) Act 2003 insert—
"16ARight of appeal
(1)  The Secretary of State shall by regulations establish an appeal mechanism for persons who believe that they are entitled, under section 15, to a qualifying service free of charge for a period of longer than six weeks, but who have been refused such a service by their local authority.
(2)  Regulations made under subsection (1) shall be made by statutory instrument and any such instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.""
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

40Page 2, line 12, at end insert—
"(   )  In subsection (5)(a) after second "different" insert "circumstances and different"."
41Page 2, line 12, at end insert—
"(   )  After subsection (6) insert—
"(   )  For the purposes of this section, "carer" has the same meaning as in section 1 of the Carers and Disabled Children Act 2000.""
 

BARONESS BARKER

42Page 2, line 12, at end insert—
"(   )  After subsection (6) insert—
"(   )  In this section, "personal care" shall have the following meaning—
(a)  as regards the personal hygiene of the person cared for—
(i)  shaving;
(ii)  cleaning teeth (whether or not they are artificial) by means of a brush or dental floss and (in the case of artificial teeth) by means of soaking;
(iii)  providing assistance in rinsing the mouth;
(iv)  keeping finger nails and toe nails trimmed;
(v)  assisting the person with going to the toilet or with using a bedpan or other receptacle;
(vi)  where the person is fitted with a catheter or stoma, providing such assistance as is requisite to ensure cleanliness and ensure that the skin is kept in a favourable hygienic condition;
(vii)  where the person is incontinent, the consequential making of the person's bed, the consequential changing and laundering of the person's bedding and clothing, and caring for the person's skin to ensure that it is not adversely affected;
(b)  as regards eating requirements, the preparation of, or the provision of any assistance with the preparation of, the person's food including (without prejudice to that generality)—
(i)  defrosting, washing, peeling, cutting, chopping, pureeing, mixing or combining, cooking, heating or re-heating, or otherwise preparing food or ingredients;
(ii)  cooking, heating or re-heating pre-prepared fresh or frozen food;
(iii)  portioning or serving food;
(iv)  cutting up, pureeing or otherwise processing food to assist with eating it;
(v)  advising on food preparation; and
(vi)  assisting in the fulfilment of special dietary needs,
  but not the supply of food (whether in the form of a pre-prepared meal or ingredients for a meal) to, or the obtaining of food for, the person, or the preparation of food prior to the point of supply to the person;
(c)  if the person is immobile or substantially immobile, dealing with the problems of that immobility;
(d)  if the person requires medical treatment, assisting with medication, for example by—
(i)  applying creams or lotions;
(ii)  administering eye drops;
(iii)  applying dressings in cases where this can be done without the physical involvement of a registered nurse or of a medical practitioner;
(iv)  assisting with the administration of oxygen as part of a course of therapy;
(e)  with regard to the person's general well-being—
(i)  assisting with getting dressed;
(ii)  assisting with surgical appliances, prosthesis and mechanical and manual equipment;
(iii)  assisting with getting up and with going to bed;
(iv)  the provision of devices to help memory and provision of safety devices;
(v)  behaviour management and psychological support.""
 

EARL HOWE

 

BARONESS MORRIS OF BOLTON

 

BARONESS FINLAY OF LLANDAFF

 

LORD LOW OF DALSTON

43Page 2, line 18, leave out "personal"
 

LORD WARNER

 

LORD LIPSEY

 

BARONESS MURPHY

 

EARL HOWE

 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.

 
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22 February 2010