The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) (Amendment) Regulations 2013

• Citation: S.I. 2013/2270
• Sections: 7

Section 1 Citation, 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.

Section 2 Amendments to the Principal Regulations

The Principal Regulations are amended as follows.

Section 3 Amendments 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.

Section 4 Amendments 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—

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

Section 5 Amendments 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”.

Section 6 Amendments to other Regulations

In paragraph (2)(a) of regulation 9 of the Social Security (Disability Living 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”.

Section 7 Amendments to other Regulations

In paragraph (2) of regulation 28 of the Social Security (Personal Independence Payment) Regulations 2013 (Care home residents) -

(a) in paragraph (e) omit “or”; and

(b) after paragraph (e) insert “(ee) section 57 of the Health and Social Care Act 2001, or”.