It was the noble Earl’s amendment. Can we go back to it? We cannot.
Clause 20: Duty and power to meet a carer’s needs for support
Amendment 58 not moved.
Clause 24: The steps for the local authority to take
Moved by Earl Howe
59: Clause 24, page 21, line 1, leave out subsection (3) and insert—
“(3) Where a local authority is not going to meet an adult’s needs for care and support, it must nonetheless prepare an independent personal budget for the adult (see section 28) if—
(a) the needs meet the eligibility criteria,
(b) at least some of the needs are not being met by a carer, and
(c) the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence.”
Amendment 59 agreed.
Clause 25: Care and support plan, support plan
Amendments 60 and 61 not moved.
Moved by Earl Howe
62: Clause 25, page 22, line 20, leave out subsection (11) and insert—
“(11) A local authority may combine a care and support plan or a support plan with a plan (whether or not prepared by it and whether or not under this Part) relating to another person only if the adult for whom the care and support plan or the support plan is being prepared agrees and—
(a) where the combination would include a plan prepared for another adult, that other adult agrees;
(b) where the combination would include a plan prepared for a child (including a young carer), the consent condition is met in relation to the child.
(11A) The consent condition is met in relation to a child if—
(a) the child has capacity or is competent to agree to the plans being combined and does so agree, or
(b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that the combining the plans would be in the child’s best interests.”
Amendment 62 agreed.
Clause 35: Deferred payment agreements and loans: further provision
Moved by Lord Lipsey
62A: Clause 35, page 29, line 27, at end insert—
“( ) Regulations under this section must provide that—
(a) a local authority shall direct anyone considering a deferred payment arrangement to an appropriately qualified financial adviser or to appropriately qualified financial advisers; and
(b) any loan under this scheme shall be sufficient to pay for advice under paragraph (a) above.