SCHEDULES

SCHEDULE 3Discharge of hospital patients with care and support needs

Assessment notice given by responsible NHS body to local authority

2

I21

The NHS body responsible for a hospital patient, having given the relevant authority an assessment notice, must—

a

consult the authority before deciding what it will do for the patient in order for discharge to be safe, and

b

give the authority notice of the day on which it proposes to discharge the patient.

I22

A notice under sub-paragraph (1)(b) is referred to in this Schedule as a “discharge notice”.

I23

A discharge notice must specify—

a

whether the NHS body responsible for the patient will be providing or arranging for the provision of services under the National Health Service Act 2006 to the patient after discharge, and

b

if it will, what those services are.

I24

A discharge notice remains in force until—

a

the end of the relevant day, or

b

the NHS body responsible for the patient withdraws the notice by giving a withdrawal notice to the relevant authority.

5

The “relevant day” is the later of—

I2a

the day specified in the discharge notice, and

I3I1b

the last day of such period as regulations may specify.

I26

A period specified under sub-paragraph (5)(b) must—

a

begin with the day after that on which the assessment notice is given, and

b

last for a period of at least two days.

Annotations:
Commencement Information
I2

Sch. 3 para. 2(1)-(4) (5)(a) (6) in force at 1.4.2015 by S.I. 2015/993, art. 2(s) (with transitional provisions in S.I. 2015/995)

I3

Sch. 3 para. 2(5)(b) in force at 1.10.2014 for specified purposes by S.I. 2014/2473, art. 2(1)(y)

I1

Sch. 3 para. 2(5)(b) in force at 1.4.2015 in so far as not already in force by S.I. 2015/993, art. 2(s) (with transitional provisions in S.I. 2015/995)

I43

1

The relevant authority, having received an assessment notice and having in light of it carried out a needs assessment and (where applicable) a carer's assessment, must inform the NHS body responsible for the patient—

a

whether the patient has needs for care and support,

b

(where applicable) whether a carer has needs for support,

c

whether any of the needs referred to in paragraphs (a) and (b) meet the eligibility criteria, and

d

how the authority plans to meet such of those needs as meet the eligibility criteria.

2

Where, having carried out a needs assessment or carer's assessment in a case within section 27(4), the relevant authority considers that the patient's needs for care and support or (as the case may be) the carer's needs for support have changed, it must inform the NHS body responsible for the patient of the change.