Motion G

Health and Care Bill - Commons Amendments and Reasons – in the House of Lords at 7:22 pm on 5th April 2022.

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Lord Kamall:

Moved by Lord Kamall

That this House do not insist on its Amendment 80 and do agree with the Commons in their Amendments 80A to 80N in lieu.

80A: Page 116, line 41, leave out from beginning to end of line 9 on page 117 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.”

80B: Page 117, leave out lines 13 and 14 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”

80C: Page 117, line 25, after “Where” insert “, following a determination under section 13(1),”

80D: Page 117, leave out lines 30 to 32 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).”

80E: Page 117, leave out lines 37 to 42 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).”

80F: Page 117, leave out lines 45 to 48 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”

80G: Page 118, line 3, after “adult” insert “has needs which a local authority is required or decides to meet as mentioned in section 24(1) and”

80H: Page 118, leave out lines 5 and 6 and insert—“(a) what the current cost would be to the responsible local authority of meeting those eligible needs, and”

80I: Page 118, leave out lines 9 to 13

80J: Page 118, line 17, leave out from beginning to “(but” in line 18 and insert “what the current cost would be to the responsible local authority of meeting the adult’s eligible needs”

80K: Page 118, line 21, 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)”

80L: Page 118, line 22, leave out paragraph (b)

80M: Page 118, line 32, 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”.”

80N: Clause 153, page 129, line 14, at end insert—“(5A) In relation to section (cap on care costs for charging purposes), different days may be appointed under subsection (4) for different areas.”