Statutory Instruments
2013 No. 2270
Social Services, England
The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) (Amendment) Regulations 2013
Made
8th September 2013
Laid before Parliament
13th September 2013
Coming into force
1st November 2013
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 57(1), (1A), (3)(a) and (d) and (7) and 64(6) and (8) of the Health and Social Care Act 2001( 1 ).
Citation, commencement, interpretation and application
1. —(1) These Regulations may be cited as the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) (Amendment) Regulations 2013 and come into force on 1st November 2013.
(2) In these Regulations “the Principal Regulations” means The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009( 2 ).
(3) These Regulations apply in relation to England.
Amendments to the Principal Regulations
2. The Principal Regulations are amended as follows.
3. After paragraph (2) of regulation 13 (Maximum periods of residential accommodation which may be secured by means of a direct payment) insert—
“ (2A) The prohibition in paragraph (1) does not apply to a local authority listed in Schedule 2A where the direct payment is made for the provision to a person of residential accommodation together with nursing or personal care the provision of which is a regulated activity within the meaning of Chapter 2 of Part 1 of the Health and Social Care Act 2008 ( 3 ) .
(2B) Sections 24(5) and 32(1) and (3) to (5) of the National Assistance Act 1948 ( 4 ) shall apply where a person is provided with a direct payment as referred to in paragraph (2A) and for the purposes of those sections that person shall be deemed as having been provided with residential accommodation under Part III of that Act. ”
4. After Schedule 2 (Enactments under which an obligation to receive relevant services may be imposed and in respect of which direct payments may be made) insert—
Regulation 13
“ SCHEDULE 2A LIST OF LOCAL AUTHORITIES IN RESPECT OF WHOM THE RESTRICTION ON THE MAXIMUM PERIODS OF RESIDENTIAL ACCOMMODATION DOES NOT APPLY
Bristol City Council
Cornwall Council
Dorset County Council
Gateshead Council
Hertfordshire County Council
Hull City Council
Lincolnshire County Council
London Borough of Enfield
London Borough of Havering
London Borough of Redbridge
Manchester City Council
Milton Keynes Council
Norfolk County Council
North Lincolnshire Council
Nottinghamshire County Council
Staffordshire County Council
Stockport Council
Surrey County Council ”
Amendments to other Regulations
5. In paragraph (2)(a) of regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 (Persons in care homes)( 5 )-
(a) in paragraph (v) omit “or”; and
(b) after paragraph (v) insert “(vi) section 57 of the Health and Social Care Act 2001, or”.
6. In paragraph (2)(a) of regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991 (Persons in care homes)( 6 )-
(a) in paragraph (v) omit “or”; and
(b) after paragraph (v) insert “(vi) section 57 of the Health and Social Care Act 2001, or”.
7. In paragraph (2) of regulation 28 of the Social Security (Personal Independence Payment) Regulations 2013 (Care home residents)( 7 )-
(a) in paragraph (e) omit “or”; and
(b) after paragraph (e) insert “(ee) section 57 of the Health and Social Care Act 2001, or”.
Signed by authority of the Secretary State for Health.
Norman Lamb
Minister of State,
Department of Health
8th September 2013
2001 c.15 . Section 57 was amended by section 146 of the Health and Social Care Act 2008 (c.14) (“the 2008 Act”). Sections 57(1A) was inserted by section 146(2) and section 57(3) was amended by section 146(3) of that Act. See section 57(8) for the definition of “prescribed” and section 66 for the definitions of “regulations” and “the relevant authority”.
S.I. 2009/1887 to which there are amendments not relevant to these Regulations.
2008 c.14 . The meaning of the term “regulated activity” is in section 8.
1948 c.29 (7 & 8 GEO6). Section 32 was amended by the Social Work (Scotland) Act 1968, section 95(1), 97(1), Schedule 8, paragraph 14 and section 95(2), Schedule 9, paragraph 9, Part I and the Health and Social Care Act 2008, section 148(2).
S.I.1991/2740 . Amendments to regulation 7 have been made by the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2007 ( S.I. 2007/2875 ) reg.2(2) and the Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 ( S.I. 2013/389 ) reg.3(7).
S.I.1991/2890 . Amendments to regulation 9 have been made by the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2007 ( S.I. 2007/2875 ) reg.3(2) and the Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance (Amendment) Regulations 2013/389 reg. 4(7).