Report (2nd Day)

Part of Care Bill [HL] – in the House of Lords at 4:15 pm on 14th October 2013.

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Photo of Earl Howe Earl Howe The Parliamentary Under-Secretary of State for Health 4:15 pm, 14th October 2013

I can reassure my noble and learned friend that, if we look at the arrangements we are proposing in combination, there will be sufficient mechanisms in place to take account of any unexpected wrinkles that emerge of the kind that the noble Lord, Lord Lipsey, perfectly reasonably anticipates; and to react and respond to those difficulties as appropriate. The answer, in a nutshell, is yes.

Amendment 49 agreed.

Amendment 50

Moved by Earl Howe

50: Clause 14, page 13, line 13, at end insert—

“( ) Regulations under subsection (7) may make provision as to cases or circumstances in which an adult is to be treated as having income that would, or as having income that would not, fall below the amount specified in the regulations if a charge were to be made.”

Amendment 50 agreed.

Clause 17: Assessment of financial resources

Amendments 51 to 54

Moved by Earl Howe

51: Clause 17, page 15, line 14, leave out “provide that where” and insert “make provision as to cases or circumstances in which, if”

52: Clause 17, page 15, line 22, leave out “provide that where” and insert “make provision as to cases or circumstances in which, if”

53: Clause 17, page 15, line 38, leave out “financial resources at or” and insert “, or as not having, financial resources”

54: Clause 17, page 15, line 38, at end insert—

“( ) The regulations may make provision as to cases or circumstances in which a local authority is to be treated as—

(a) having carried out a financial assessment in an adult’s case, and

(b) being satisfied on that basis that the adult’s financial resources exceed, or that they do not exceed, the financial limit.”

Amendments 51 to 54 agreed.

Amendments 55 and 56 not moved.

Clause 19: Power to meet needs for care and support

Amendment 57

Moved by Earl Howe

57: Clause 19, page 17, line 5, at end insert—

“( ) A local authority may meet an adult’s needs under subsection (3) where, for example, the adult is terminally ill (within the meaning given in section 82(4) of the Welfare Reform Act 2012).”