2007 No. 458
The Community Care (Direct Payments) (Scotland) Amendment Regulations 2007
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 12B(3), (4)(c) and (e) and (6)(za) of the Social Work (Scotland) Act 19681 and of all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Community Care (Direct Payments) (Scotland) Amendment Regulations 2007 and shall come into force on 12th November 2007.
Amendment of the Community Care (Direct Payments) (Scotland) Regulations 20032
1
The Community Care (Direct Payments) (Scotland) Regulations 20032 are amended in accordance with this regulation.
2
In regulation 1(2) after the definition of “beneficiary” insert–
“civil partner” has the same meaning as in the Civil Partnership Act 20043;
3
For regulation 4 (persons from whom services may not be secured by means of a direct payment) substitute–
4
1
The descriptions of persons in paragraph (2) are specified for the purposes of subsection (3) of section 12B (persons from whom services may not be secured by means of a direct payment) of the Act, except to the extent that–
a
in the case of a service mentioned in section 12B(1)(a)(i) of the Act (community care services), the local authority is satisfied that securing the service from such a person is necessary to meet the beneficiary’s need for that service; or
b
in the case of a service mentioned in section 12B(1)(a)(ii) of the Act (services for children in need), other than a service provided under section 22(3)(b) of the Children (Scotland) Act 19954 which comprises giving assistance in cash, the local authority is satisfied that securing the service from such a person is necessary to safeguard or promote the welfare of the child in need.
2
The description of persons referred to in paragraph (1) are–
a
the beneficiary's–
i
grandparent;
ii
parent;
iii
son or daughter;
iv
brother or sister;
v
half-brother or half-sister;
vi
aunt or uncle;
vii
nephew or niece; or
viii
grandchildren;
b
the spouse or civil partner of–
i
the beneficiary; or
ii
any person of a description specified in regulation 4(2)(a) or (e);
c
a person who–
i
is of the opposite sex to the beneficiary, or to any person of a description specified in regulation 4(2)(a) or (e); and
ii
is not married to the beneficiary or to that person (as the case may be); but
iii
lives as though he or she were the beneficiary's, or that person's, husband or wife (as the case may be);
d
a person who–
i
is of the same sex as the beneficiary, or of any person of a description specified in regulation 4(2)(a) or (e); and
ii
who is not the civil partner of the beneficiary or that person (as the case may be); but
iii
lives as though he or she were the beneficiary's, or that person's, civil partner (as the case may be);
e
the beneficiary’s aunt’s or uncle’s son or daughter;
f
the stepparent, stepchild, stepbrother, stepsister, or step grandchild of–
i
the beneficiary; or
ii
any person of a description specified in regulation 4(2)(a) but not the beneficiary’s grandparent’s stepparent or the beneficiary’s nephew’s or niece’s stepchild;
g
the parent in law, son in law, daughter in law, brother in law or sister in law of–
i
the beneficiary; or
ii
any person of a description specified in regulation 4(2)(a).
(This note is not part of the Regulations)