Personal Social Services (Preserved Rights) Bill: Second Stage

– in the Northern Ireland Assembly at 12:15 pm on 19 February 2002.

Alert me about debates like this

Photo of Bairbre de Brún Bairbre de Brún Sinn Féin 12:15, 19 February 2002

I beg to move

That the Second Stage of the Personal Social Services (Preserved Rights) Bill (NIA 4/01) be agreed.

Go raibh maith agat, a Cheann Comhairle. Molaim go dtugtar a Dhara Céim don Bhille Seirbhísí Sóisialta Pearsanta (Cearta Forchoimeádta).

Is í aidhm an Bhille seo an 1,700 conaitheoir i gcúram cónaitheach san earnáil neamhspleách agus i dtithe altranais ó roimh Aibreán 1993 a thabhairt faoi na socruithe bhainistíocht cúraim chéanna le cónaitheoirí eile tí cúraim.

Mar a chuir mé in iúl do Chomhaltaí inné, mhol an Coimisiún Ríoga ar Chúram Fadtéarmach do Dhaoine Scothaosta go mbreithneodh an Rialtas ar chóir íocaíochtaí ceart forchoimeádta i leas sóisialta a thabhairt faoin chóras mhaoiniú cúraim phobail atá ann ó 1993; nó an bhféadfaí teacht ar réiteach éigin eile le haghaidh a thabhairt ar easnamh mhaoiniú an ghrúpa sin. Chomh maith le comhchomhairle an Choimisiúin Ríoga, chuathas i gcomhchomhairle go háitiúil faoi na roghanna. Bhíothas den bharúil tríd is tríd gur chóir go n-aistreofaí freagracht as cásanna ceart forchoimeádta go gnáthshocruithe bhainistíocht cúraim na seirbhísí sláinte agus sóisialta.

The aim of the Bill is to bring approximately 1,700 residents in independent sector residential care and nursing homes since before April 1993 into the same care management arrangements as other care home residents.

When the current community care arrangements were introduced in 1993, some 9,000 people in independent sector residential care were exempt from new health and social services funding and care management arrangements. Instead, they acquired a preserved right to an enhanced rate of income support to pay for their residential accommodation, and health and social services boards and trusts were barred from taking responsibility for the care management arrangements for these residents in all but a few limited circumstances.

I informed Members yesterday that the Royal Commission on Long Term Care for the Elderly recommended that the Government consider whether preserved rights payments and social security should be brought within the post-1993 system of community care funding, or whether some other solution could be found to address the shortfall in funding experienced by that group. As well as the Royal Commission’s consultation, further local consultation on the options was carried out. Overall opinion supported a transfer of responsibility for the preserved rights cases into normal health and social services care management arrangements.

The Bill is being brought forward to transfer responsibility for the preserved rights cases into health and social services trusts’ normal care management arrangements from April 2002. It is considered inequitable that these residents should be treated differently from those who entered the care system after April 1993. The Bill provides that where a trust has been unable to assess a person’s need for services before the appointed day, it assumes responsibility from that day until it makes whatever arrangements are considered necessary, or until the person notifies the trust that he or she does not want to be provided with services. Regulations will also be brought forward to enable trusts to recover all or part of any payments made in these circumstances.

In relation to the disclosure of information between the Social Security Agency and the boards and trusts, the Bill specifies the type of information that can be shared, and with whom. That exchange will enable more effective identification of the relevant residents and ensure that when the trusts assume their responsibilities, no one slips through the net.

The Bill also contains a provision requiring the Department for Social Development to exercise powers under the relevant social security legislation so that provisions relating to higher rates of income support and jobseeker’s allowance, payable to people with preserved rights, will cease to have effect on the relevant day.

The final clauses of the Bill contain technical and formal provisions relating to the commencement and interpretation of the Bill. That will enable the Department, by regulations, to make any necessary or consequential provision.

In summary, the Bill is targeted at ensuring that those individuals in care homes since before April 1993, and in receipt of higher rates of social security benefits to pay for their accommodation, are brought into the same health and social services care, assessment, management and funding arrangements that apply to other home care residents. These residents will, therefore, for the first time, receive an appropriate care assessment to determine the level of care required and whether their current arrangements are fulfilling those requirements, or if some further, or different, support is needed. They will have the benefit of health and social services contract and care management arrangements for the first time, and they will also have flexibility to consider and explore other care management options, if deemed more appropriate.

Members may have points to raise, and I will deal with them, if I can, in the course of the debate.

Photo of Lord John Alderdice Lord John Alderdice Speaker

I have received no requests to speak and will put the question to the House.

Question put and agreed to.

Resolved:

That the Second Stage of the Personal Social Services (Preserved Rights) Bill (NIA4/01) be agreed.

Photo of Lord John Alderdice Lord John Alderdice Speaker

The House will now, by leave, suspend and resume at 2.00 pm with a statement from the Chair about the resignation of a Deputy Speaker.

The sitting was suspended at 12.29 pm.

On resuming (Mr Speaker in the Chair) —

2.00pm