(This note does not form part of the Regulations)
These Regulations are made under the Community Care and Health (Scotland) Act 2002 (“the Act”). Together with the Act they provide for free personal care and free nursing care to specified categories of people with effect from 1st July 2002.
Regulation 2 modifies, for the purpose of charging, the meaning of accommodation provided under the Social Work (Scotland) Act 1968 (“the 1968 Act”) or under section 7 of the Mental Health (Scotland) Act 1984. This modification, coupled with the terms of section 1 of the Act results in people in receipt of a care home service not being charged for the first £145 per week of social care which is personal care, personal support or care of a kind set out in schedule 1 to the Act or for the first £65 per week of nursing care provided to them or secured for them by a local authority.
Regulation 3 qualifies the requirement in section 1 of the Act not to charge for social care in so far as this relates to personal care, personal support and care of a kind mentioned in schedule 1 to the Act. The requirement not to charge applies only to those persons aged 65 or over. This is so whether the person is in receipt of a care home service or receives care at home provided or secured by a local authority.