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An Act 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.
[8th April 2010]
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)Section [F116] of the Community Care (Delayed Discharges etc.) Act 2003 (power to require free provision of local authority care services in [F2Wales]) is amended as set out in subsections (2) to (5).
(2)In subsection (4) (six-week restriction on free provision of certain services), for 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—
“(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—
“(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;
(b)make provision by reference to guidance given under section 7 of the Local Authority Social Services Act 1970.
(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 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 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—
|“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)—
(a)in section 22 (charges for accommodation), in subsection (8A), [F3for “section 15” substitute “section 16”], and
(b)in section 26 (recovery of costs of accommodation in voluntary organisations' premises), in subsection (4AA), [F4for “section 15” substitute “section 16”].
(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), [F5for “section 15” substitute “section 16”].
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(1)This Act extends to England and Wales only.
(2)This Act may be cited as the Personal Care at Home Act 2010.
(3)This Act shall come into force on such day as the Secretary of State may, by order made by statutory instrument, appoint.
(4)A statutory instrument containing an order made under subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
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