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Review of the Implementation of the Northern Ireland Single ...

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Appendix 1<br />

Legislative Context<br />

The following key pieces <strong>of</strong> legislation are relevant to Carers:<br />

Health and Personal Social Services (NI) Order 1972 3<br />

Article 15 (2) <strong>of</strong> <strong>the</strong> Health and Personal Social Services (NI) Order requires trusts<br />

to assess <strong>the</strong> care needs <strong>of</strong> any person who appears to <strong>the</strong>m to be in need <strong>of</strong><br />

community care services and provide or arrange for <strong>the</strong> provision <strong>of</strong> services.<br />

Carers and Direct Payments Act (NI) 2002 4<br />

The Carers and Direct Payments Act (NI) 2002. The Act places a requirement on<br />

trusts to inform carers <strong>of</strong> <strong>the</strong>ir right to a separate assessment <strong>of</strong> <strong>the</strong>ir needs, and<br />

places an obligation on trusts to identify and provide information to carers.<br />

Section 1 <strong>of</strong> this Act provides carers with an independent statutory right to an<br />

assessment <strong>of</strong> <strong>the</strong>ir needs when requested.<br />

Section 2 empowers trusts to provide services directly to a carer.<br />

Section 7 (2) <strong>of</strong> <strong>the</strong> Act requires that <strong>the</strong> trust, when made aware <strong>of</strong> a carer, must<br />

notify that carer <strong>of</strong> <strong>the</strong>ir right to request an assessment.<br />

A second stage <strong>of</strong> <strong>the</strong> Act (implemented in April 2004), resulted in carers being<br />

considered for receipt <strong>of</strong> direct payments as an alternative to a direct service<br />

provision.<br />

The Health and Social Care (Reform) Act (NI) 2009 5<br />

Section 2(2) <strong>of</strong> <strong>the</strong> Health and Social Care (Reform) Act (NI) describes <strong>the</strong><br />

Department‟s general duty:<br />

“The Department shall provide, or secure <strong>the</strong> provision <strong>of</strong>, health and social care in<br />

accordance with this Act and any o<strong>the</strong>r statutory provision, whenever passed or<br />

made, which relates to health and social care.”<br />

Section 3 states that “The Department may provide or secure <strong>the</strong> provision <strong>of</strong> such<br />

health and social care as it considers appropriate to <strong>the</strong> discharge <strong>of</strong> its duty”.<br />

3 Health and Personal Social Services (NI) Order (HPSSO) 1972<br />

4 Carers and Direct Payments Act (CDPA) (NI) 2002<br />

5 The Health and Social Care (Reform) Act (NI) 2009 (HSCRA)<br />

48

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