The Community Care (Direct Payments) Act 1996 amended the Social Work (Scotland) Act 1968 (“the 1968 Act”) to insert new sections 12B and 12C and to make consequential amendment to section 13, with the effect of enabling local authorities responsible for providing (or arranging the provision of) community care services, to make direct payments to persons in respect of their securing the provision of such services.

The Community Care (Direct Payments) (Scotland) Regulations 1997 (“the 1997 Regulations”) specify the persons to whom direct payments may be made under the Act. The description of persons so specified excludes any person who is aged 65 or over, unless he received a direct payment in the year before he attained the age of 65.

These Regulations amend the 1997 Regulations so that the persons to whom direct payments may be made under the 1968 Act may include persons aged 65 or over.