Contents
1Citation, commencement, interpretation and application#
(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.
(3)These Regulations apply in relation to England.
2Amendments to the Principal Regulations#
The Principal Regulations are amended as follows.
3Amendments to the Principal Regulations#
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 2008.2B Sections 24(5) and 32(1) and (3) to (5) of the National Assistance Act 1948 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.”
4Amendments to the Principal Regulations#
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—“• 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”
5Amendments to other Regulations#
In paragraph (2)(a) of regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 (Persons in care homes)-
(a)in paragraph (v) omit “or”; and
(b)after paragraph (v) insert “(vi) section 57 of the Health and Social Care Act 2001, or”.
Contains public sector information licensed under the Open Government Licence v3.0.