§ Mr. Sproatasked the Secretary of State for Social Services if he will set out such guidance as is given by his Department to local authorities with regard to payments being made by them on behalf of mentally handicapped children receiving full-time care in private or charitable homes, to which their parents may or may not be making a contribution.
§ Sir K. JosephThe relevant guidance is set out in paragraphs 11 and 12 of Ministry of Health Circular 9/59 issued in May 1959. This made it clear that a local authority may exercise its powers to provide residential accommodation for a person suffering from mental disorder by providing accommodation itself or in a home provided by a voluntary organisation or otherwise, or by boarding out in a private household; that the authority may pay for or contribute towards the cost of accommodation provided in these various ways; and that in the case of children up to age 16 no charge should be made to parents for accommodation so provided, unless exceptionally a child is not provided with adequate clothing, in which case the authority would no doubt itself provide the clothing and charge the parents unless this would cause hardship.
§ Mr. Sproatasked the Secretary of State for Social Services if he will set out the position with regard to attendance allowance paid on behalf of mentally handicapped children receiving full-time care in private or charitable homes to which their parents may or may not be making a contribution, in the light of decision CA14/73 of 6th September 1973.
§ Sir K. JosephThe question whether or not in a particular case an attendance allowance is payable for a person who satisfies the medical conditions is a matter in the first place for the insurance officer, an independent statutory authority. The allowance has normally been payable, both for adults and children, in private376W or charitable homes where the full cost is met from private sources.
I understand that the effect of National Insurance Commissioners' Decision CA 14/73 is, broadly, that an allowance is now payable for a person, whether adult or child, in a private or charitable home, even where the local authority is making some financial contribution, provided that:
I am studying the implications of the decision.
- 1. The arrangements for providing the accommodation were not made by the local authority; and
- 2. the authority's contribution, made under Part III of the National Assistance Act 1948, Section 12 of the Health Services and Public Health Act 1968, or Part IV of the Social Work (Scotland) Act 1968, supplements a contribution from some other source.