Personal Care at Home Act 2010

Document Number:2010 CHAPTER 18

An Act to amend section 15 of the Community Care (Delayed Discharges etc.) Act 2003 so as to remove the restriction on the period for which personal care may be provided free of charge to persons living at home; and to make consequential provision.

[8 th April 2010]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Free provision of personal care at home

(1) Section 15 of the Community Care (Delayed Discharges etc.) Act 2003 (power to require free provision of local authority care services in England) is amended as set out in subsections (2) to (5).

(2) In subsection (4) (six-week restriction on free provision of certain services) , for paragraph (b) substitute—

“(b) the provision of personal care to a person living in accommodation that an establishment provides to the person together with the care;”.

(3) After subsection (4) insert—

“(4 A) Subsection (4)(b) does not apply to the provision of personal care under arrangements made in connection with an adult placement scheme (within the meaning given by section 22(6) of the Safeguarding Vulnerable Groups Act 2006).”

(4) After subsection (4 A) insert—

“(4 B) Regulations requiring the provision of personal care to a person living at home to be free of charge for more than six weeks may, in particular—

(a) impose on a local authority functions (including the exercise of a discretion) relating to eligibility for the free provision;

(b) make provision by reference to guidance given under section 7 of the Local Authority Social Services Act 1970.

(4 C) Provision by virtue of subsection (4 B)(a) may, in particular, authorise a local authority to make a person’s eligibility for the free provision conditional on the person undergoing a process designed to maximise the person’s ability to live independently.

(4 D) For the purposes of this section, a provision of personal care is to a person living at home if the provision does not come within subsection (4)(a) or (b).”

(5) After subsection (4 D) insert—

“(4 E) Section 21(5) of...

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