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The Care and Support (Provision of Health Services) Regulations 2014

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Change 1

What to do with it
As published

3 Requirements on local authorities: joint working with relevant bodies

(1) A local authority must, as far as is reasonably practicable, provide advice and assistance to a relevant body which consults it pursuant to regulation 22(1)(a) of the Standing Rules Regulations (duty of relevant bodies: joint working with social services authorities). (2) A local authority must, when requested to do so by a relevant body, co-operate with that body in arranging for a person or persons to participate in a multi-disciplinary team for the purposes of that body fulfilling its duty under regulation 21(5) of the Standing Rules Regulations (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare). (3) Nothing in this regulation affects a local authority’s duty to carry out an assessment of a person’s needs for care and support pursuant to section 9 of the Act (assessment of an adult’s needs for care and support), and if it has carried out such an assessment, it must use the information obtained as a result of that assessment, so far as it is relevant, to comply with its duty under paragraph (1). (4) In complying with its obligations under this regulation, a local authority must have due regard to the need to promote and secure the continuity of appropriate services for persons— (a) whose care and support needs are being met under Part 1 of the Act or who are being provided with aftercare under section 117 of the Mental Health Act 1983 on the date on which they are found to be eligible to receive NHS Continuing Healthcare; (b) who have been in receipt of NHS Continuing Healthcare but are determined to be no longer eligible for NHS Continuing Healthcare; or (c) who are otherwise determined to be ineligible for NHS Continuing Healthcare. (5) Where, pursuant to regulation 24(1) of the Standing Rules Regulations (appointment and term of appointment), NHS England requests that a local authority nominates a person to be appointed as a local authority member of a review panel, the local authority— (a) must nominate such a person as soon as is reasonably practicable; and (b) must ensure that local authority members are, so far as is reasonably practicable, available to participate in review panels.

Your change, as a redline

3 Requirements on local authorities: joint working with relevant bodies

(1) A local authority must, as far as is reasonably practicable, provide advice and assistance to a relevant body which consults it pursuant to regulation 22(1)(a) of the Standing Rules Regulations (duty of relevant bodies: joint working with social services authorities). (2) A local authority must, when requested to do so by a relevant body, co-operate with that body in arranging for a person or persons to participate in a multi-disciplinary team for the purposes of that body fulfilling its duty under regulation 21(5) of the Standing Rules Regulations (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare). (3) Nothing in this regulation affects a local authority’s duty to carry out an assessment of a person’s needs for care and support pursuant to section 9 of the Act (assessment of an adult’s needs for care and support), and if it has carried out such an assessment, it must use the information obtained as a result of that assessment, so far as it is relevant, to comply with its duty under paragraph (1). (4) In complying with its obligations under this regulation, a local authority must have due regard to the need to promote and secure the continuity of appropriate services for persons— (a) whose care and support needs are being met under Part 1 of the Act or who are being provided with aftercare under section 117 of the Mental Health Act 1983 on the date on which they are found to be eligible to receive NHS Continuing Healthcare; (b) who have been in receipt of NHS Continuing Healthcare but are determined to be no longer eligible for NHS Continuing Healthcare; or (c) who are otherwise determined to be ineligible for NHS Continuing Healthcare. (5) Where, pursuant to regulation 24(1) of the Standing Rules Regulations (appointment and term of appointment), NHS England requests that a local authority nominates a person to be appointed as a local authority member of a review panel, the local authority— (a) must nominate such a person as soon as is reasonably practicable; and (b) must ensure that local authority members are, so far as is reasonably practicable, available to participate in review panels.

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