Carers and Direct Payments Act (Northern Ireland) 2002

Carers of disabled children: assessments and vouchers N.I.

Assessments: carers of disabled children N.I.

5.  After Article 18 of the Children Order there shall be inserted—

“Assessments: carers of disabled children

18A.— (1) Where—

(a) the carer of a disabled child who has parental responsibility for the child requests an authority to carry out an assessment of the carer's ability to provide and to continue to provide care for the child; and

(b) the authority is satisfied that the child and his family are persons for whom it may provide services under Article 18,

the authority—

(i) shall carry out such an assessment; and

(ii) shall take the results of that assessment into account when deciding what, if any, services to provide under Article 18.

(2) Where—

(a) an authority carries out an assessment of the needs of a disabled child for the purposes of this Part or section 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53); and

(b) the carer of that child requests the authority, before it makes a decision as to whether the needs of that child call for the provision of any services, to carry out an assessment of the carer's ability to provide and to continue to provide care for that child,

the authority—

(i) shall carry out such an assessment; and

(ii) shall take the results of that assessment into account in deciding what, if any, services to provide.

(3) Paragraph (2) does not apply if the carer provides or will provide the care in question—

(a) by virtue of a contract of employment or other contract with any person; or

(b) as a volunteer for a voluntary organisation.

(4) Subject to any directions given by the Department to the authority under—

(a) Article 17 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) (in the case of a Board); or

(b) paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991 (in the case of an [F1 HSC trust]),

an assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate.

(5) For the purposes of an assessment under this Article, the authority may take into account, so far as it considers it to be material, any other assessment made under this Article.

(6) Section 8 of the Disabled Persons (Northern Ireland) Act 1989 (c. 10) (duty of authority to take into account ability of carer of disabled person) does not apply in any case where an assessment is made under subsection (2).

(7) In this Article “carer”, in relation to a disabled child, means an individual who provides or intends to provide a substantial amount of care on a regular basis for that child.”.

F1 Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

Vouchers for persons with parental responsibility for disabled children N.I.

6.  After Article 18A of the Children Order there shall be inserted—

“Vouchers for persons with parental responsibility for disabled children

18B.— (1) The Department may by regulations make provision for the issue by an authority of vouchers to a person with parental responsibility for a disabled child.

(2) “Voucher” means a document whereby, if the authority agrees with the person with parental responsibility that it would help him care for the child if the person with parental responsibility had a break from caring, that person may secure the temporary provision of services for the child under Article 18.

(3) The regulations may, in particular, provide—

(a) for the value of a voucher to be expressed in terms of money, or of the delivery of a service for a period of time, or both;

(b) for the person who supplies a service against a voucher, or for the arrangement under which it is supplied, to be approved by the authority;

(c) for a maximum period during which a service (or a service of a prescribed description) can be provided against a voucher.”.