With this it will be convenient to discuss the following new Clause 18—Continuity of social care support

‘(1) This section applies where—

(a) an English or Welsh local authority (the original authority) has made a determination of need for care services in respect of a person ordinarily resident in its area under any of the social care enactments and—

(i) has arranged or is providing such services or

(ii) is making payments to such a person in lieu of care services under section 57 of the Health and Social Care Act 2001 (c. 15) or section 17A of the Children Act 1989 (c. 41); and

(b) the person concerned becomes or intends to become ordinarily resident in a different local authority (the new authority).

(2) It shall be the duty of the original authority to—

(a) give notice to the new authority if it becomes aware that a person to whom it provides care services or direct payments intends to become ordinarily resident in the new authority’s area; and

(b) co-operate with the new authority in making appropriate arrangements for such a person.

(3) It shall be the duty of the new authority to provide the person concerned with—

(a) services of an equivalent type and quantity to those provided by the original authority or

(b) direct payments enabling an equivalent type and quantity of support to that provided by the original authority, for such transitional period as may be prescribed.

(4) All arrangements made under subsections (2) and (3) are to be made with the involvement and consent of the person concerned and must include effective arrangements to meet any new or different needs of the person concerned.

(5) For the purposes of this section “social care enactments” includes—

(i) Section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).

(ii) Section 4 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33).

(iii) Section 17 of the Children Act 1989 (c. 41).

(iv) Section 47 of the National Health Service and Community Care Act 1990 (c. 19).