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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2003 No. 1216

SOCIAL SERVICES, ENGLAND

The Carers and Disabled Children (Vouchers) (England) Regulations 2003

  Made 1st May 2003 
  Laid before Parliament 8th May 2003 
  Coming into force 29th May 2003 

The Secretary of State for Health, in exercise of the powers conferred upon him by section 17B(1) and (3) of the Children Act 1989[1], sections 3(1) and (3) of the Carers and Disabled Children Act 2000[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application
     1.  - (1) These Regulations may be cited as the Carers and Disabled Children (Vouchers) (England) Regulations 2003 and shall come into force on 29th May 2003.

    (2) These Regulations apply to England only.

Interpretation
    
2. In these Regulations - 

Voucher values
     3.  - (1) The value of a voucher may be expressed in terms of - 

but not both, and the terms "money voucher" and "time voucher" shall be construed accordingly.

    (2) A time voucher - 

Issue of vouchers
    
4.  - (1) Subject to paragraph (3), time vouchers may be issued - 

    (2) Subject to paragraph (3), money vouchers may only be issued in the case of a community care voucher to a person cared for, or in the case of Children Act vouchers to a relevant parent.

    (3) Vouchers must not be issued to any of the following persons - 

Redemption of vouchers
    
5.  - (1) The full value of a voucher, whether a money voucher or a time voucher, shall be redeemed within one year beginning with the date of its issue and any voucher not so redeemed shall become void.

    (2) For the purposes of paragraph (1), a voucher is redeemed - 

    (3) A voucher shall only be redeemable for services supplied by - 

    (4) Where the voucher holder indicates to the issuing authority that

    (5) A preferred supplier is someone other than the issuing authority or a supplier referred to in paragraph (3)(b).

    (6) In the circumstances described in paragraph (4), the issuing authority shall enter into a contract with the preferred supplier provided that the preferred supplier is a supplier of services and - 

    (7) If the service user ceases to be ordinarily resident in the issuing authority's area without the full value of any vouchers held in relation to him being redeemed, any vouchers which have not been redeemed on the day on which that person ceases to be so ordinarily resident must be returned to the issuing authority.

Additional services
    
6.  - (1) This regulation applies in a case where a voucher holder wishes the relevant supplier of services to supply services to the service user which are either additional to, or more expensive than, the services which can be secured using the voucher ("additional services").

    (2) Where this regulation applies, the voucher holder may secure additional services from a relevant supplier of services other than a local authority if a third party agrees to pay to the supplier the difference between the cost which will be met by the voucher and the actual cost of the service supplied.

    (3) For the purposes of paragraph (2), "third party" means someone other than the service user, the relevant parent, or the issuing authority.

Maximum period of residential accommodation which may be secured by a voucher
    
7. A voucher must not be used to secure residential accommodation - 



Signed by authority of the Secretary of State for Health


Jacqui Smith
Minister of State, Department of Health

1st May 2003



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make provision for local authorities to set up voucher schemes, whereby the carers of disabled adults or the person with parental responsibility for disabled children can have a break from caring, during which the person they care for can be provided with alternative care.

Regulation 3 provides that the value of a voucher may be expressed in terms of either money or the delivery of a service for a specified period of time.

Regulation 4 sets out who may be issued with a voucher.

Regulation 5 sets out conditions for redeeming a voucher.

Regulation 6 allows for the provision, in specified circumstances, of services which are additional to, or more expensive than, the service which can be secured using the voucher.

Regulation 7 specifies the maximum period of residential accommodation which may be secured using a voucher.

These Regulations do not impose costs on business.


Notes:

[1] 1989 c. 41. Section 17B was inserted by section 7 of the Carers and Disabled Children Act 2000 (c. 16).back

[2] 2000 c. 16; see section 11(1) for the definitions of "prescribed" and "regulations".back

[3] S.I. 2003/762.back

[4] 2000 c. 14.back



ISBN 0 11 045982 2


 
© Crown copyright 2003
Prepared 8 May 2003


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