Clause 118 (Hansard, 17 July 1972)

§ Mr. Graham Page
I beg to move Amendment No. 626, in page 73, line 39. leave out 'more than £100'.

§ Mr. Deputy Speaker (Miss Harvie Anderson)
With this Amendment we are to take Amendments Nos. 627, 628 and 629.

§ Mr. Page
Clause 118 enables a local authority to act quickly and directly when an officer is affected by mental illness and to apply up to a specified sum of money due to him for his benefit or the benefit of his family. It is a useful power when, for example, temporarily no one else is entitled to act for the patient or apply money on his behalf. Subsection (3) limits that amount to £100.
289 The figure was set in 1963 and the Court of Protection considers that £100 is now far too little. The local authority associations share the view that the amount needs to be not only increased, but capable of further variation in future. Accordingly, Amendment No. 626 deletes references to £100 in the Clause and Amendment No. 627 provides for the maximum amount to be not more than £500, or such other sum as may be prescribed. Clause 257 defines "prescribed" in the Bill to mean prescribed by regulations made by the Secretary of State. The amount goes up at once to £500 and could rise further if the Secretary of State made a regulation to that effect.
Amendment No. 628 replaces the wording of lines 22 to 37 with words of a similar effect except for one change which avoids duplication of the power of payment under the Superannuation Act, 1972. This is only a tidying up of drafting.
Amendment No. 629 deals with payments to a deceased officer's estate and, if necessary, the administration of the estate. There is nothing of great substance in the Amendment, but it will make it much easier for the local authorities to assist on these frequently tragic occasions.