Moved by
Lord Kamall
128: Clause 155, page 124, leave out lines 19 to 29 and insert—
“(a) in relation to eligible needs met by a local authority, to any amount the local authority charged the adult under section 14(1)(a) or 48(5) for meeting those needs;
(b) in relation to eligible needs met by a person other than a local authority, to what the cost of meeting those eligible needs would have been to the local authority that was the responsible local authority when the needs were met.”
Member’s explanatory statement
This amendment de-couples the costs that accrue towards the care cap from the costs specified in the budgets and simplifies the drafting for determining those costs that accrue.
129: Clause 155, page 124, leave out lines 33 and 34 and insert “at any time after a local authority was required to carry out a needs assessment that resulted in the preparation of a personal budget or an independent personal budget for the adult”
Member’s explanatory statement
This amendment means that, where there is a delay in carrying out a needs assessment or a delay in preparing a budget, costs incurred by an adult after the local authority was required to carry out a needs assessment will accrue towards the care cap.
130: Clause 155, page 125, line 1, after “Where” insert “, following a determination under section 13(1),”
Member’s explanatory statement
This amendment clarifies that a local authority is only required to prepare an independent personal budget when there has been an eligibility determination.
131: Clause 155, page 125, leave out lines 6 to 8 and insert—
“(b) the adult has at any time either—
(i) asked a local authority that was, at that time, the responsible local authority, to prepare an independent personal budget, or
(ii) had needs met by a local authority as mentioned in section 24(1).”
Member’s explanatory statement
This amendment means that the responsible local authority will automatically be required to prepare an independent personal budget where an adult with eligible needs has a personal budget and then no longer has any needs met by a local authority.
132: Clause 155, page 125, leave out lines 13 to 18 and insert—
“(a) the current cost to the local authority of meeting those needs,
(b) how much of that cost the adult will be required to pay under section 14(1)(a), and
(c) the balance, if any, of the cost referred to in paragraph (a).”
Member’s explanatory statement
This amendment means that the personal budget will specify the cost the local authority is incurring in meeting needs, the cost the local authority is charging the adult under section 14(1)(a) for meeting those needs and the balance of the two costs.
133: Clause 155, page 125, leave out lines 21 to 24 and insert—
“(a) the current cost to the local authority of meeting those eligible needs,
(b) how much of that cost the adult will be required to pay under section 14(1)(a), and”
Member’s explanatory statement
This amendment means that the personal budget will specify the cost the local authority is incurring in meeting eligible needs and the cost the local authority is charging the adult under section 14(1)(a) for meeting those eligible needs.
134: Clause 155, page 125, line 27, after “adult” insert “has needs which a local authority is required or decides to meet as mentioned in section 24(1) and”
Member’s explanatory statement
This amendment clarifies that the personal budget is only required to specify costs in respect of eligible needs which are not being met by any local authority, if a local authority is meeting some of the adult’s needs.
135: Clause 155, page 125, leave out lines 29 and 30 and insert—
“(a) what the current cost would be to the responsible local authority of meeting those eligible needs, and”
Member’s explanatory statement
This amendment means that, in relation to eligible needs that are not being met by a local authority, the personal budget must specify what it would currently cost the responsible local authority to meet those needs.
136: Clause 155, page 125, leave out lines 33 to 37
Member’s explanatory statement
This amendment leaves out language that is no longer needed in light of the amendment to page 125, lines 13 to 18 and the amendment to page 125, lines 21 to 24 that both appear in the Minister’s name.
137: Clause 155, page 125, line 41, leave out from beginning to “(but” in line 42 and insert “what the current cost would be to the responsible local authority of meeting the adult’s eligible needs”
Member’s explanatory statement
This amendment means that, in relation to eligible needs that are not being met by a local authority, the independent personal budget must specify what it would currently cost the responsible local authority to meet those needs.
138: Clause 155, page 125, line 45, after “authority” insert “or at any time when the adult has needs which a local authority is required or decides to meet as mentioned in section 24(1)”
Member’s explanatory statement
This amendment clarifies that the independent personal budget does not need to specify costs in respect of eligible needs which are not being met by any local authority if a local authority is meeting some of the adult’s needs (those costs will be in the adult’s personal budget).
139: Clause 155, page 125, line 46, leave out paragraph (b)
Member’s explanatory statement
This amendment leaves out language that is no longer needed in light of the amendment to page 125, line 41 that appears in the Minister’s name.
140: Clause 155, page 126, line 8, leave out subsections (7) and (8) and insert—
“(7) In section 31 (adults with capacity to request direct payments), in subsection (1), for paragraph (a) substitute—
“(a) a personal budget for an adult specifies an amount under section 26(1)(c) in respect of any needs, and”.
(8) In section 32 (adults without capacity to request direct payments), in subsection (1), for paragraph (a) substitute—
“(a) a personal budget for an adult specifies an amount under section 26(1)(c) in respect of any needs, and”.”
Member’s explanatory statement
This amendment is consequential on the amendment to page 125, lines 13 to 18 that appears in the Minister’s name.