Statement under section 6E(9) of the National Health Service Act 2006 about regulations made under section 6E coming into force on 1 June 2022
Published 11 July 2022
Applies to England
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This publication is available at https://www.gov.uk/government/publications/nhs-funded-nursing-care-statement-on-delay-to-amending-regulations/statement-under-section-6e9-of-the-national-health-service-act-2006-about-regulations-made-under-section-6e-coming-into-force-on-1-june-2022
The government has laid the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2022 (‘the amending regulations’) (SI 532). The amending regulations amend Part 6 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (‘the Standing Rules’).
Section 6E(9) of the National Health Service Act 2006 sets the expectation that amendments to the Standing Rules will normally come into force on 1 April. It requires the Secretary of State to publish a statement explaining the reasons for regulations made to amend the Standing Rules coming into force on a day other than 1 April, and it requires the Secretary of State to lay that statement before Parliament.
The amending regulations reflect the increased rates for NHS-funded nursing care. For the 2022 to 2023 financial year, the rates for NHS-funded nursing care have been based on a cost collection survey conducted by the Department of Health and Social Care (DHSC) in 2021 to 2022. Based on this research, the rate will increase by 11.5% from the 2021 to 2022 financial year. This accounts for the increase in the cost of care demonstrated by the survey and annual wage inflation of 5.55%.
The decision for the 2022 to 2023 financial year has been delayed due to the need to ensure the rate reflects the most recent economic predictions for the 2022 to 2023 financial year. With an overall budget of approximately £830 million, any changes to the NHS-funded nursing care rates have significant financial consequences and the impact on both the NHS and nursing home providers must be considered fully. However, providers will not be disadvantaged as the rate will be backdated to 1 April 2022.
Sajid Javid
Secretary of State for Health and Social Care
11 May 2022