Commentary on Sections Delayed discharge payments Section 7: Delayed discharge payments
42.Subsection (1) sets out matters to which the Minister must have regard when exercising the power in section 6(2) to make regulations setting the amount of the payment. Subsection (1)(a) provides that the level of the charge is to be set with regard to the cost of providing accommodation and personal care in a hospital to a patient is ready for discharge. Subsection (1)(b) provides that the charge must also be set with regard to the costs borne by social services authorities in providing community care services, with which the charge needs to compare unfavourably if it is to be an incentive.
43.Subsections (2) and (3) provide that payments for delayed discharges are to be made to the responsible NHS body, or in cases prescribed in regulations to a person other than the responsible NHS body prescribed in those regulations.