§ Mr. LlwydTo ask the Secretary of State for Health if she will list the guidance and advice issued by her Department to local authorities on charging for services; in each case, what advice is given on taking attendance1036W allowance or the care component of the disability living allowance into account when assessing a person's ability to pay; and if she will make a statement.
§ Mr. BowisGuidance on charging for residential accommodation in England is contained in local authority circular—LAC(92)19, as amended by LACs(93)14, (94)1, and (94)15.
An advice note on discretionary charges for nonresidential adult social services was sent to English local authorities in January 1994.
Copies of the guidance and advice note are available in the Library.
§ Mr. LlwydTo ask the Secretary of State for Health what analysis her Department has made of the administrative and operating cost for local authorities collecting charges for service provision.
§ Mr. LlwydTo ask the Secretary of State for Health what statutory provision is made for individuals to appeal against a local authority decision to charge for services; what provision is made for local authorities to publicise the right to an appeal; what consultation local authorities have to carry out before introducing charges; and if she will make a statement.
§ Mr. BowisCharging arrangements for local authority residential care in England are prescribed in regulations. People who are dissatisfied with the way their charge has been assessed may use the complaints procedure local authorities are required to set up under section 50 of the National Health Service and Community Care Act 1990. Community care policy guidance issued in 1990 informs local authorities that they are required to publicise their complaints procedures, in accordance with section 7B(4) of the Local Authority Social Services Act 1970 and advises them how this might be done.
Section 17 of the Health and Social Services and Social Security Adjudications Act 1983 gives local authorities a discretionary power to charge adult recipients of non-residential services. If individual service users consider that they cannot afford to pay the charge that has been set, section 17(3) gives them the right to ask the authority for a review of that charge. It is also open to users of non-residential services to use the complaints procedure referred to above.
Local authorities have been advised that when any change to the charging system for non-residential services is under consideration, it is good practice for existing users to be consulted.
§ Mr. LlwydTo ask the Secretary of State for Health what advice is given to social service departments about charging for services that were provided by the health service free of charge prior to the implementation of the National Health Service and Community Care Act 1990 but are now provided by local authority departments.
§ Mr. BowisThe National Health Service and Community Care Act 1990 did not transfer responsibility for any services from the national health service to local authorities.