MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Monday 4 March 2002
Amendments tabled up to and including Thursday, 28 February 2002
The Bill will be considered in the following order-
Clauses, Schedule and Long Title
Amendment 1 [Made]
Clause 2, Page 2, Line 21
Leave out 'who is aged 16 or over'.
Minister of Health, Social Services and Public Safety
Amendment 2 [Made]
New Clause
After Clause 3 insert¾
'Assessments and services for children who are carers
. After Article 17 of the Children Order there shall be inserted¾
" Assessments and services for children who are carers
17A.¾ (1) If ¾
(a) a child ("the carer") provides or intends to provide a substantial amount of care on a regular basis for a person aged 18 or over;
(b) the child requests an authority to carry out an assessment for the purposes of determining whether he is to be taken to be in need for the purposes of this Part; and
(c) the authority is satisfied that the person cared for is someone for whom it may provide personal social services,
the authority¾
(i) shall carry out such an assessment; and
(ii) taking the results of that assessment into account, shall determine whether the child is to be taken to be in need for the purposes of this Part.
(2) Paragraph (1) does not apply if the child provides or will provide the care in question¾
(a) by virtue of a contract of employment or other contract with any person; or
(b) as a volunteer for a voluntary organisation.
(3) Subject to any directions given by the Department to the authority under¾
(a) Article 17 of the Health and Personal Social Services (Northern Ireland) Order 1972 (in the case of a Board); or
(b) paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1)(in the case of an HSS trust),
an assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate.".'
Minister of Health, Social Services and Public Safety
Amendment 3 [Made]
Clause 4, Page 4, Line 40
Leave out '1972 Order' and insert 'Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)'
Minister of Health, Social Services and Public Safety
Amendment 4 [Made]
New Clause
After Clause 5 insert¾
'Information for carers
Information for carers
.¾(1) An authority shall take such steps as are reasonably practicable to ensure¾
(a) that information is generally available in its area concerning the right of a carer to request an assessment under section 1(1) or (2); and
(b) that those in its area who might benefit from such an assessment receive the information relevant to them;
and nothing in subsection (2) or (3) prejudices the generality of this subsection.
(2) Where it appears to an authority that¾
(a) an adult is cared for by a carer; and
(b) the adult is a person for whom the authority may provide personal social services,
the authority shall notify the carer that he may be entitled to request an assessment under section 1(1).
(3) Where¾
(a) an authority proposes to carry out an assessment under the 1972 Order of the needs of a person for personal social services; and
(b) it appears to the authority that that person is cared for by a carer,
the authority shall notify the carer that he may be entitled to request an assessment under section 1(2).
(4) After Article 18C of the Children Order (inserted by section 7) there shall be inserted¾
"Information for carers
18D.¾ (1) An authority shall take such steps as are reasonably practicable to ensure¾
(a) that information is generally available in its area concerning the right of a person to request an assessment under Article 17A or 18A; and
(b) that those in its area who might benefit from such an assessment receive the information relevant to them;
and nothing in paragraph (2) or (3) prejudices the generality of this paragraph.
(2) Where it appears to an authority that¾
(a) a child ("the carer") provides or intends to provide a substantial amount of care on a regular basis for a person aged 18 or over; and
(b) the person cared for is someone for whom it may provide personal social services,
the authority shall notify the carer that he may be entitled to request an assessment under Article 17A(1).
(3) Where it appears to an authority that¾
(a) a disabled child is cared for by a carer who has parental responsibility for the child; and
(b) the disabled child and his family are persons for whom the authority may provide services under Article18,
the authority shall notify the carer that he may be entitled to request an assessment under Article 18A(1).
(4) Where¾
(a) an authority proposes to carry out an assessment of the needs of a disabled child for the purposes of this Part or section 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53); and
(b) it appears to the authority that that child is cared for by a carer,
the authority shall notify the carer that he may be entitled to request an assessment under Article 18A(2).".'
Minister of Health, Social Services and Public Safety
Amendment 5 [Made]
Clause 8, Page 9, Line 11
At end insert¾
' "area", in relation to an authority, has the same meaning as in the Children Order;'
Minister of Health, Social Services and Public Safety
Amendment 6 [Made]
Clause 8, Page 9, Line 13
After 'individual' insert 'aged 16 or over'.
Minister of Health, Social Services and Public Safety
Amendment 7 [Made]
Clause 8, Page 9, Line 25
Leave out 'operational'
Minister of Health, Social Services and Public Safety
Amendment 8 [Made]
Clause 10, Page 10, Line 2
Leave out 'Personal Social Services (Amendment)' and insert 'Carers and Direct Payments'.
Minister of Health, Social Services and Public Safety