Care Act sched 4 Direct Payments for s117 patients

SCHEDULE 4 – DIRECT PAYMENTS: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983

 

PART 1 – AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983: DIRECT PAYMENTS

 

1          (1)        Sections 31 (adults with capacity to request direct payments), 32 (adults

without capacity to request direct payments) and 33 (direct payments:

further provision) apply in relation to section 117 of the Mental Health Act

1983 but as if the following modifications were made to those sections.

 

(2)               For subsection (1) of section 31, substitute—

 

“(1)      This section applies where an adult to whom section 117 of the

Mental Health Act 1983 (after-care) applies requests the local

authority to make payments to the adult or a person nominated by

the adult that are equivalent to the cost of providing or arranging for the provision of after-care services for the adult under that section.”

 

(3)        In subsection (5) of that section—

 

(a)        in paragraph (a), for “meeting the adult’s needs” substitute

“discharging its duty under section 117 of the Mental Health Act

1983”, and

(b)        in paragraph (b), for “to meet the adult’s needs” substitute “to

discharge its duty under that section”.

 

(4)        In subsection (7) of that section, for “to meet the needs in question”

substitute “to discharge its duty under section 117 of the Mental Health Act 1983”.

 

(5)        For subsection (1) of section 32, substitute—

 

“(1)      This section applies where—

 

(a)        an adult to whom section 117 of the Mental Health Act 1983

(after-care) applies lacks capacity to request the local

authority to make payments equivalent to the cost of

providing or arranging for the provision of after-care services

for the adult under that section, and

(b)        an authorised person requests the local authority to make

such payments to the authorised person.”

 

(6)        In subsection (4)(a) of that section, for “the adult’s needs for care and

support” substitute “the provision to the adult of after-care services under

section 117 of the Mental Health Act 1983”.

 

(7)        In subsection (6) of that section—

 

(a)        in paragraph (a), for “meeting the adult’s needs” substitute

“discharging its duty under section 117 of the Mental Health Act

1983”, and

(b)        in paragraph (b), for “to meet the adult’s needs” substitute “to

discharge its duty under that section”.

 

(8)        In subsection (7) of that section, for “the provision of the care and support” substitute “the provision of after-care services under section 117 of the Mental Health Act 1983”.

 

(9)        In subsection (9) of that section, for “to meet the needs in question”

substitute “to discharge its duty under section 117 of the Mental Health Act 1983”.

 

(10)      In subsection (2)(a) of section 33, for “meet needs” substitute “discharge its duty under section 117 of the Mental Health Act 1983”.

 

(11)      For subsection (3) of that section, substitute—

 

“(3)      A direct payment is made on condition that it be used only to pay for arrangements under which after-care services for the adult are

provided under section 117 of the Mental Health Act 1983.”

 

 

PART 2 – PROVISION TO BE INSERTED IN SOCIAL SERVICES AND WELL-BEING (WALES) ACT 2014

 

“SCHEDULE A1

DIRECT PAYMENTS: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983

 

General

 

1          Sections 34 (direct payments to meet an adult’s needs), 35 (direct payments to meet a child’s needs) and 37 (direct payments: further

provision) apply in relation to section 117 of the Mental Health Act

1983 but as if the following modifications were made to those

sections.

 

Modifications to section 34

 

2                    For subsection (1) of section 34 substitute—

 

“(1) Regulations may require or allow a local authority to

make payments to an adult to whom section 117 of the

Mental Health Act 1983 (after-care) applies that are

equivalent to the cost of providing or arranging for the

provision of after-care services for the adult under that

section.”

 

3          In subsection (3) of that section—

 

(a)        in paragraph (a), for “who has needs for care and support

(“A”)” substitute “in respect of the provision to the adult

(“A”) of after-care services under section 117 of the Mental

Health Act 1983”, and

(b)        in paragraph (c)(i), for “of meeting A’s needs” substitute

“of discharging its duty towards A under section 117 of the

Mental Health Act 1983”.

 

4          In subsection (4) of that section—

 

(a)        in paragraph (a), for “who has needs for care and support

(“A”)” substitute “to whom section 117 of the Mental

Health Act 1983 applies (“A”)”, and

(b)        in paragraph (d)(i), for “meeting A’s needs” substitute

“discharging its duty towards A under section 117 of the

Mental Health Act 1983”.

 

5          In subsection (5) of that section—

 

(a)        in paragraph (a), for “A’s needs for care and support”

substitute “the provision to A of after-care services under

section 117 of the Mental Health Act 1983”, and

(b)        in paragraph (b), for “towards the cost of meeting A’s

needs for care and support” substitute “equivalent to the

cost of providing or arranging the provision to A of aftercare

services under section 117 of the Mental Health Act

1983”.

 

6          In subsection (6)(b) of that section, for “A’s needs for care and

support” substitute “the provision to A of after-care services under

section 117 of the Mental Health Act 1983”.

 

Modifications to section 35

 

7                    For subsection (1) of section 35 substitute—

 

“(1)      Regulations may require or allow a local authority to

make payments to a person in respect of a child to whom

section 117 of the Mental Health Act 1983 (after-care)

applies that are equivalent to the cost of providing or

arranging the provision of after-care services for the

child under that section.”

 

8          In subsection (3)(a), (b) and (c) of that section, for “who has needs

for care and support” (in each place it occurs) substitute “to whom

section 117 of the Mental Health Act 1983 applies”.

 

9          In subsection (5)(a) of that section, for “meeting the child’s needs”

substitute “discharging its duty towards the child under section

117 of the Mental Health Act 1983”.

 

Modifications to section 37

 

10        In subsection (1) of section 37—

 

(a)        in the opening words, for “34, 35 and 36” substitute “34 and

35”,

(b)        omit paragraphs (a), (b) and (c),

(c)        in paragraph (i), for “a local authority’s duty or power to

meet a person’s needs for care and support or a carer’s

needs for support is displaced” substitute “a local

authority’s duty under section 117 of the Mental Health

Act 1983 (after-care) is discharged”, and

(d)        in paragraph (k), for “34 to 36” substitute “34 and 35”.

 

11        Omit subsections (2) to (8) of that section.

 

12        After subsection (8) of that section insert—

 

“(8A)   Regulations under sections 34 and 35 must specify that

direct payments to meet the cost of providing or

arranging for the provision of after-care services under

section 117 of the Mental Health Act 1983 (after-care)

must be made at a rate that the local authority estimates

to be equivalent to the reasonable cost of securing the

provision of those services to meet those needs.”

 

13        In subsection (9) of that section—

 

(a)        for “, 35 or 36” substitute “or 35”, and

(b)        for “care and support” substitute “after-care services”.

 

14        In subsection (10) of that section, for “care and support to meet

needs” substitute “after-care services”.”

 

 

The Government’s Explanatory Notes to the Bill for this Act say as follows:

 

“Part 1 of Schedule 4 modifies the application of certain direct payments provisions of the Bill (clauses 31, 32 and 33) to make sure they also apply to services provided or commissioned under section 117 by local authorities in England. Part 2 inserts Schedule A1 (direct payments: after-care under the Mental Health Act 1983) into the Social  services and Well-being (Wales) Act 2014, which modifies the application of certain direct payments provisions of that Act (sections 34, 35 and 37) to apply to services provided or commissioned under section 117 by local authorities in Wales.”

 

 

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