2013 No. 2270
The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) (Amendment) Regulations 2013
Made
Laid before Parliament
Coming into force
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 20011.
Citation, commencement, interpretation and application1
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 20092.
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 20083.
2B
Sections 24(5) and 32(1) and (3) to (5) of the National Assistance Act 19484 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—
SCHEDULE 2ALIST 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.
(This note is not part of the Regulations)