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by Munro Research

Social Care Portability Bill [HL]


Official Summary

A Bill To provide for the portability of care packages to promote independent living for disabled persons by local authorities in England and Wales; and for connected purposes.

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Overview

The Social Care Portability Bill aims to improve the lives of disabled people in England and Wales who receive social care packages. It ensures that if a person moves from one local authority area to another, their care package will transfer smoothly, preventing disruption to their support and promoting independent living.

Description

Key Duties of Local Authorities

The bill outlines clear duties for local authorities. If a person receiving a care package ("the existing care package") wishes to move to a different local authority area, their current local authority ("the first authority") must notify the new authority ("the second authority"). The second authority is then obligated to arrange a comparable care package ("the new care package") within a timeframe determined by regulations.

Until the new care package is in place, the first authority continues funding the existing care package and is reimbursed by the second authority.

Cooperation and Principles

Both local authorities must collaborate to ensure a smooth transition, involving the individual receiving care and anyone with parental responsibility. They must adhere to specified principles: prioritizing the individual's welfare, ensuring a timely and seamless transition, protecting the individual's care from disputes, and respecting their dignity, choice, and control.

Regulations

The Secretary of State and Welsh Ministers can make regulations regarding aspects such as notice forms, timelines for new care packages, reimbursement procedures, and dispute resolution mechanisms.

Definitions

The bill defines key terms like "care package" (including various types of care and direct payments), "equivalent" care, and "local authority" (covering different council types in England and Wales).

Government Spending

The bill is not expected to significantly increase or decrease overall government spending. It aims to improve the efficiency of transferring care packages between local authorities, potentially reducing administrative costs in the long term. The exact financial impact will depend on the regulations created under the Act.

Groups Affected

  • Disabled people receiving social care packages: This bill directly benefits them by ensuring continuity of care when they move house.
  • Local authorities in England and Wales: They will have new responsibilities under the act.
  • Care providers: The bill may impact care providers through changes in the way care packages are commissioned and funded.
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