Clause 34 - Deferred payment agreements and loans

Part of Care Bill [Lords] – in a Public Bill Committee am 4:45 pm ar 16 Ionawr 2014.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Norman Lamb Norman Lamb The Minister of State, Department of Health 4:45, 16 Ionawr 2014

I just make the point that the threshold is exactly the way that Labour proposed to do it. I hope that we can agree that the principle of having an upper  threshold for non-housing assets is a sound one that is in line with the conclusion of the debate on this issue in the other place. I am sure that there are different views within this room on what that amount should be.

Although the matter is for regulations, I hope to build some consensus on the principles that should determine that amount. First, I expect it to be an amount that prevents people from being forced to sell their home in a moment of crisis to pay for their care. Secondly, the amount should, as far as possible, complement and align with the new charging system to facilitate smooth transitions. Thirdly, the amount should be targeted not at those who are looking for a cheap loan and have enormous assets, but at those who are most in need of the flexibility and peace of mind that deferred payment agreements can offer. I think that those are reasonable principles, and I hope that the Opposition agree with them. These principles will guide the development of regulations on the deferred payment access criteria, alongside the responses we received to our consultation and the views of our partners in local government and the care and support sector who will develop the regulations with us.

Amendment 96 is not necessary for regulations specifying the interest rate for deferred payments to be subject to the affirmative resolution procedure. We have already consulted on the issue and asked for evidence in our consultation on funding reform. We have committed to consulting on draft regulations this spring, before regulations are laid in Parliament. Such consultation on the first use of these powers is sufficient scrutiny, especially when we have been clear that the interest rate is about making the scheme cost-neutral and not about raising revenue for local authorities.

Finally, amendment 107 is on financial advice for people considering a deferred payment agreement. I agree that it is important that people make well-informed and considered choices on the care they receive as well as on how to fund their contribution towards its cost. That includes people considering a deferred payment agreement. The local authority has a central role to play in ensuring that its local population is aware of the range of information and advice, both regulated and non-regulated, that is available and how to access it. We have set out the active and facilitative role that we expect local authorities to take in meeting the duty in Clause 4 on information and advice, which includes financial information and advice.

I have already spoken of how deferred payments provide protection to people in a moment of crisis, typically by providing much needed breathing space, as my right hon. Friend the Member for Sutton and Cheam made clear, to decide how to meet the costs of care in the longer term. A balance needs to be struck to ensure that people have the information and advice they need to make a well-informed choice while maintaining access to deferred payment agreements in a moment of crisis. It is my view that mandating a local authority direction to advice from an appropriately qualified financial adviser would be too onerous, especially as not everyone will require independent advice to make a well-informed decision. Compelling them to seek it would simply be a waste of their time and money. Equally, having to go through a Government-mandated tick-box exercise could cause enormous frustration for people.

In light of what I have said, I hope that the hon. Member for Leicester West feels able to withdraw the amendment.

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clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

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