Moved by
Earl Howe
68: Schedule 1, page 101, line 42, leave out “in a case within any of paragraphs 1 to 4”
69: Schedule 1, page 102, line 17, leave out “within” and insert “where there is a dispute about the application of”
70: Schedule 1, page 102, line 19, at end insert—
“( ) After subsection (10) of that section insert—
“(10A) A person who, as a result of Schedule 1 to the Care Act 2013 (cross-border placements), is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be) is to be treated as ordinarily resident in that area for the purposes of this section.
(10B) A person who, as a result of that Schedule, is not treated as ordinarily resident anywhere in England or Wales (as the case may be) is not to be treated as ordinarily resident there for the purposes of this section.”
71: Schedule 1, page 102, line 24, at end insert—
“Provision of NHS accommodation not to affect deemed ordinary residence etc.
7A (1) In a case where, as a result of this Schedule, an adult is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be), the adult does not cease to be so treated merely because the adult is provided with NHS accommodation.
(2) In a case where, as a result of this Schedule, an adult is not treated as ordinarily resident anywhere in England or Wales (as the case may be), the adult continues not to be so treated even if the adult is provided with NHS accommodation.
(3) In a case where, as a result of this Schedule, no duty under a relevant enactment applies, the duty does not apply merely because the adult in question is provided with NHS accommodation; and for this purpose “relevant enactment” means—
(a) Part 2 of the Social Work (Scotland) Act 1968,
(b) sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003,
(c) the Health and Personal Social Services (Northern Ireland) Order 1972, or
(d) the Health and Social Care (Reform) Act (Northern Ireland) 2009.
(4) In a case where, as a result of paragraph 2(2), (4) or (7), an adult is treated as remaining within, or as remaining outside but ordinarily resident in, an area in Wales, the adult does not cease to be so treated merely because the adult is provided with NHS accommodation.”
72: Schedule 1, page 102, line 24, at end insert—
“Direct payments
7B (1) Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a case where accommodation in England, Wales, Scotland or Northern Ireland is provided for an adult by means of direct payments made by an authority in another of the territories.
(2) The reference in sub-paragraph (1) to direct payments accordingly includes a reference to direct payments made—
(a) under section 34 or 36 of the Social Services and Well-being (Wales) Act 2013,
(b) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, or
(c) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.”
73: Schedule 1, page 102, line 24, at end insert—
“Particular types of accommodation
7C (1) Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a case where—
(a) an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in the regulations,
(b) the adult is living in accommodation in England, Wales, Scotland or Northern Ireland that is of a type so specified, and
(c) the adult’s needs for care and support are being met by an authority in another of the territories providing or arranging for the provision of services other than the accommodation.
(2) In section 5 of the Community Care and Health (Scotland) Act 2002 (the title to which becomes “Local authority arrangements for residential accommodation etc. outwith Scotland”), in subsection (1), at the end insert “or for the provision in England and Wales or in Northern Ireland of a service or facility of such other description as may be specified in the regulations”.
74: Schedule 1, page 103, line 14, at end insert—
“( ) “NHS accommodation” has the meaning given in section 39(5A).”
75: Schedule 1, page 103, line 40, at end insert—
“( ) In paragraph 7B, the reference to sections 34 and 36 of the Social Services and Well-being (Wales) Act 2013 is to be read as a reference to section 57 of the Health and Social Care Act 2001.”