The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014

Statutory Instruments

2014 No. 513

Constitutional Law

Devolution, Scotland

Social Care

The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014

Made

4th March 2014

Laid before Parliament

6th March 2014

Coming into force

1st April 2014

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2), (4) and (5) of the Scotland Act 1998(1).

Citation, commencement and extent U.K.

1.—(1) This Order may be cited as the Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014.

(2) This Order comes into force on 1st April 2014.

(3) Any modification made by the Schedule has the same extent as the provision being modified.

Commencement Information

I1 Art. 1 in force at 1.4.2014, see art. 1(2)

Modifications U.K.

2.  The modifications contained in the Schedule have effect.

Commencement Information

I2 Art. 2 in force at 1.4.2014, see art. 1(2)

Savings U.K.

3.  Notwithstanding article 2, the modifications contained in the Schedule are of no effect in respect of a payment made under section 12B of the Social Work (Scotland) Act 1968(2) after this Order comes into force.

Commencement Information

I3 Art. 3 in force at 1.4.2014, see art. 1(2)

Signed by the authority of the Secretary of State

David Mundell

Parliamentary Under Secretary of State

Scotland Office

Dover House

London

4th March 2014

Article 2

SCHEDULE U.K. MODIFICATIONS

Income Support (General) Regulations 1987 U.K.

1.  In—

(a) paragraph 58 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 67 of Schedule 10 (capital to be disregarded),

to the Income Support (General) Regulations 1987(3), for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013(4)”.

Commencement Information

I4 Sch. para. 1 in force at 1.4.2014, see art. 1(2)

Family Credit (General) Regulations 1987 U.K.

2.  In paragraph 57 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings) to the Family Credit (General) Regulations 1987(5), for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I5 Sch. para. 2 in force at 1.4.2014, see art. 1(2)

Disability Working Allowance (General) Regulations 1991 U.K.

3.  In paragraph 55 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the Disability Working Allowance (General) Regulations 1991(6), for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I6 Sch. para. 3 in force at 1.4.2014, see art. 1(2)

Child Support (Maintenance Assessments and Special Cases) Regulations 1992 U.K.

4.  In paragraph 48C of Schedule 2 (amounts to be disregarded when calculating or estimating N and M (parent’s net income)) to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992(7), for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I7 Sch. para. 4 in force at 1.4.2014, see art. 1(2)

Jobseeker’s Allowance Regulations 1996 U.K.

5.  In—

(a) paragraph 56 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 60 of Schedule 8 (capital to be disregarded),

to the Jobseeker’s Allowance Regulations 1996(8), for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I8 Sch. para. 5 in force at 1.4.2014, see art. 1(2)

Housing Renewal Grants Regulations 1996 U.K.

6.  In paragraph 59 of Schedule 3 (sums to be disregarded in the determination of income other than earnings) to the Housing Renewal Grants Regulations 1996(9), for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I9 Sch. para. 6 in force at 1.4.2014, see art. 1(2)

State Pension Credit Regulations 2002 U.K.

7.  In paragraph 23C of Part I (capital disregarded for the purpose of calculating income) of Schedule V (income from capital) to the State Pension Credit Regulations 2002(10)—

(a) omit “by virtue of regulations made under”;

(b) at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

(c) for paragraph (b) substitute—

“(b) as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or”.

Commencement Information

I10 Sch. para. 7 in force at 1.4.2014, see art. 1(2)

Tax Credits (Definition and Calculation of Income) Regulations 2002 U.K.

8.  In item 14 of Table 6 (sums disregarded in the calculation of income) in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002(11)—

(a) omit “section 12B of the Social Work (Scotland) Act 1968,”; and

(b) after “2002”, insert “or as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I11 Sch. para. 8 in force at 1.4.2014, see art. 1(2)

Non-Contentious Probate Fees Order 2004 U.K.

9.  In paragraph 1(1) (interpretation) of Schedule 1A (remissions and part remissions) to the Non-Contentious Probate Fees Order 2004(12), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I12 Sch. para. 9 in force at 1.4.2014, see art. 1(2)

Housing Benefit Regulations 2006 U.K.

10.  In—

(a) paragraph 57 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 58 of Schedule 6 (capital to be disregarded),

to the Housing Benefit Regulations 2006(13), for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I13 Sch. para. 10 in force at 1.4.2014, see art. 1(2)

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 U.K.

11.  In paragraph 26D of Part 1 (capital to be disregarded generally) of Schedule 6 (capital to be disregarded) to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(14)—

(a) omit “by virtue of regulations made under”;

(b) at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

(c) for paragraph (b) substitute—

“(b) as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or”.

Commencement Information

I14 Sch. para. 11 in force at 1.4.2014, see art. 1(2)

Gender Recognition (Application Fees) Order 2006 U.K.

12.  In paragraph 1(1) (interpretation) of the Schedule (remissions and part remissions) to the Gender Recognition (Application Fees) Order 2006(15), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I15 Sch. para. 12 in force at 1.4.2014, see art. 1(2)

Court of Protection Fees Order 2007 U.K.

13.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Court of Protection Fees Order 2007(16), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I16 Sch. para. 13 in force at 1.4.2014, see art. 1(2)

Employment and Support Allowance Regulations 2008 U.K.

14.  In—

(a) paragraph 53 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 56 of Schedule 9 (capital to be disregarded),

to the Employment and Support Allowance Regulations 2008(17), for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Commencement Information

I17 Sch. para. 14 in force at 1.4.2014, see art. 1(2)

Magistrates’ Courts Fees Order 2008 U.K.

15.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Magistrates’ Courts Fees Order 2008(18), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I18 Sch. para. 15 in force at 1.4.2014, see art. 1(2)

Civil Proceedings Fees Order 2008 U.K.

16.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Civil Proceedings Fees Order 2008(19), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I19 Sch. para. 16 in force at 1.4.2014, see art. 1(2)

Family Proceedings Fees Order 2008 U.K.

17.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Family Proceedings Fees Order 2008(20), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013(21)”.

Commencement Information

I20 Sch. para. 17 in force at 1.4.2014, see art. 1(2)

Upper Tribunal (Lands Chamber) Fees Order 2009 U.K.

18.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Upper Tribunal (Lands Chamber) Fees Order 2009(22), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I21 Sch. para. 18 in force at 1.4.2014, see art. 1(2)

Supreme Court Fees Order 2009 U.K.

19.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Supreme Court Fees Order 2009(23), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I22 Sch. para. 19 in force at 1.4.2014, see art. 1(2)

First-tier Tribunal (Gambling) Fees Order 2010 U.K.

20.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Gambling) Fees Order 2010(24), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I23 Sch. para. 20 in force at 1.4.2014, see art. 1(2)

Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 U.K.

21.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions) to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011(25), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I24 Sch. para. 21 in force at 1.4.2014, see art. 1(2)

Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 U.K.

22.  In Schedule 6 (capital disregards) to the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012(26)—

(a) in paragraph 29, omit paragraph (b); and

(b) after paragraph 29 insert—

“29ZA.   Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.”.

Commencement Information

I25 Sch. para. 22 in force at 1.4.2014, see art. 1(2)

First-tier Tribunal (Property Chamber) Fees Order 2013 U.K.

23.  In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Property Chamber) Fees Order 2013(27), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I26 Sch. para. 23 in force at 1.4.2014, see art. 1(2)

Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 U.K.

24.  In paragraph 1(1) (interpretation) of Schedule 3 (remissions and part remissions) to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013(28), in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Commencement Information

I27 Sch. para. 24 in force at 1.4.2014, see art. 1(2)

Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 U.K.

25.—(1) The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013(29) are amended as follows.

(2) In paragraph 28 of Schedule 5 (capital disregards: pensioners), omit paragraph (b).

(3) After paragraph 28 of Schedule 5 insert—

(a) in the English text—

“28A.   Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.”; and

(b) in the Welsh text—

“28A.   Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013.”.

(4) In paragraph 59 of Schedule 9 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) and paragraph 60 of Schedule 10 (capital disregards: persons who are not pensioners)—

(a) in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b) in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

Commencement Information

I28 Sch. para. 25 in force at 1.4.2014, see art. 1(2)

Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013 U.K.

26.—(1) The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013(30) is amended as follows.

(2) In paragraph 59 of Schedule 7 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)—

(a) in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b) in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

(3) In paragraph 28 of Part 1 of Schedule 8 (capital to be disregarded), omit paragraph (b).

(4) After paragraph 28 of Schedule 8 insert—

(a) in the English text—

“28A.   Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.”; and

(b) in the Welsh text—

“28A.   Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013.”.

(5) In paragraph 60 of Schedule 9 (capital disregards: persons who are not pensioners)—

(a) in the English text, for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b) in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

Commencement Information

I29 Sch. para. 26 in force at 1.4.2014, see art. 1(2)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes modifications in consequence of the Social Care (Self-directed Support) (Scotland) Act 2013 (“the 2013 Act”).

Section 25 of the 2013 Act repeals sections 12B and 12C of the Social Work (Scotland) Act 1968 (“the 1968 Act”) which make provision in relation to direct payments in respect of community care services. New provision for direct payments is made in the 2013 Act.

Article 2 and the Schedule to this Order make modifications to secondary legislation consequential on the repeal of section 12B of the 1968 Act and the enactment of new provisions in relation to direct payments in the 2013 Act.

Article 3 contains a saving provision so that the enactments specified in the Schedule continue to apply without modification in relation to any payments which are made under section 12B of the 1968 Act on or after 1st April 2014.

(1)

1998 c.46.

(2)

1968 c.49, section 12B is repealed by section 25 of the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1) but saved in respect of certain payments made under that section on or after 1st April 2014 (see S.S.I. 2014/32 (C.2)).

(3)

S.I. 1987/1967; relevant amending instruments are S.I. 1997/65, 2003/2279, 2004/1748, 2009/583 and 2010/641.

(4)

2013 asp 1.

(5)

S.I. 1987/1973; relevant amending instruments are S.I. 1997/65, 2004/1748.

(6)

S.I. 1991/2887; relevant amending instruments are S.I. 1997/65, 2003/762, 2004/1748.

(7)

S.I. 1992/1815; relevant amending instruments are S.I. 1996/3196, 2004/1748.

(8)

S.I. 1996/207; relevant amending instruments are S.I. 1997/65, 2003/762, 2004/1748, 2009/583, 2010/641.

(9)

S.I. 1996/2890; relevant amending instruments are S.I. 1998/808, 2004/1748.

(10)

S.I. 2002/1792, amended by S.I. 2011/2425; there are other amending instruments but none is relevant.

(11)

S.I. 2002/2006, amended by S.I. 2003/2815; there are other amending instruments but none is relevant.

(12)

S.I. 2004/3120, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.

(13)

S.I. 2006/213; relevant amending instruments are S.I. 2009/583, 2010/641.

(14)

S.I. 2006/214, amended by S.I. 2011/2425; there are other amending instruments but none is relevant.

(15)

S.I. 2006/758, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.

(16)

S.I. 2007/1745, amended by S.I. 2013/2302; there is another amending instrument which is not relevant.

(17)

S.I. 2008/794; relevant amending instruments are S.I. 2009/583, 2010/641.

(18)

S.I. 2008/1052, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.

(19)

S.I. 2008/1053, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.

(20)

S.I. 2008/1054, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.

(21)

2013 asp 1.

(22)

S.I. 2009/1114, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.

(23)

S.I. 2009/2131, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.

(24)

S.I. 2010/42, amended by S.I. 2013/2302; there is another amending instrument which is not relevant.

(25)

S.I. 2011/2344, amended by S.I. 2013/2302; there is another amending instrument which is not relevant.

(26)

S.I. 2012/2885, to which there are amendments not relevant to this Order.

(27)

S.I. 2013/1179, amended by S.I. 2013/2302.

(28)

S.I. 2013/1893, amended by S.I. 2013/2302.

(29)

S.I. 2013/3029 (W.301).

(30)

S.I. 2013/3035 (W.303).