News – February 2015

newspapers (1)Roundup of news and legislation.

Personal Independence Payments
Revised timetable for PIP (Personal Independence Payment) to replace DLA (Disability Living Allowance) around the country (for age 16+), (Dept for Work and Pensions).

New version of the Code of Practice for the Mental Health Act 1983
This reflects some significant changes in the law since the last version in 2008.  It aims to provide stronger protection for patients and clarify rights, roles and responsibilities, (Dept of Health).

Mental Health in Children and Young People
Model specification for transitions from Child and Adolescent Mental Health Services (CAMHS) to adult mental health or other services. Guidance on what needs to be put in place and how, http://www.england.nhs.uk/wp-content/uploads/2015/01/mod-transt-camhs-spec.pdf (NHS England).  Includes standards for young people’s and parents’ participation and information that should be given.  NHS England have also published guidance on choice and legal rights in mental health care, http://www.england.nhs.uk/ourwork/qual-clin-lead/pe/bp/guidance/.  The Royal College of Psychiatrists have published guidance on when children and young people should be seen by a psychiatrist,http://www.rcpsych.ac.uk/mediacentre/pressreleases2015/childadolescentguidelines.aspx.

Legislation

2015 No. 32 (C. 3), The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015. Further amendments to the Welfare Reform Act including two that will allow claimants of Universal Credit to use an account from a Credit Union, mainly from 6 April 2015.

2015 No. 13, The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015. From 26 January 2015, allows for Assistance By Way of Representation (“ABWOR”) to be available in relation to the determination, at a pre-hearing panel meeting or at a children’s hearing, of whether a person should be deemed to be a “relevant person” under section 81 of the Children’s Hearings (Scotland) Act 2011.

2015 No. 21, The Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Amendment Rules 2015. From 26 January 2015, applies to some of the procedures followed at children’s hearings, and some of the information provided for them.

2015 No. 46, The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2015. From 13 February 2015, allows information to be shared between the Secretary of State, local authorities, citizens advice bureaux, credit unions, social landlords and relevant registered charities (in England, Wales or Scotland), for specified purposes.
2015 No. 62, The Special Educational Needs and Disability (Detained Persons) Regulations 2015.  From 1 April 2015, related to children and young people in custody who may need an Education, Health and Care (EHC) Plan.  The “Appropriate Persons” to make decisions about the process would normally be their parents or the young people themselves, but there are alternative arrangements when they are unable to do this (applies to England).

2015 No. 23/24, The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) (Amendment) Regulations (Northern Ireland) 2015 / The Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations (Northern Ireland) 2015. From  20 April 2015, new rules about types of seat belt / restraint suitable for children.  The rules implement European Directive 2014/37/EC (OJ No L 59 28.2.2014, p32), http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0037&from=en.

2015 No. 34, The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2015. From 23 February 2015, various changes to regulations governing welfare benefits in Northern Ireland, among them one to Parents’ Learning Allowance so that it is disregarded when calculating Housing Benefit, bringing it into alignment with other income-related benefits (more details about Parents’ Learning Allowance, https://www.gov.uk/parents-learning-allowance/overview).

2015 No. 33, The Parking Places on Roads (Disabled Persons’ Vehicles) Order (Northern Ireland) 2015.  From 23 February 2015, a large number of small amendments to where and when vehicles can park throughout Northern Ireland.

2015 No. 35 (C. 4), The Education (2014 Act) (Commencement No.1) Order (Northern Ireland) 2015. Dissolves the Education and Library Boards from 4 February 2015, under the Education Act (Northern Ireland) 2014.  The five Boards are being replaced by a single Education Authority, culminating on 1 April 2015.

2015 No. 139, The National Health Service (Cross-Border Healthcare) (Amendment) Regulations 2015. From 27 March 2015, lists the elements of information that must be included in a medical prescription issued in England or Wales, in order for it to be used in another EU Member State.