2007 No. 458

SOCIAL WORK

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).

S ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

Section 12B of the Social Work (Scotland) Act 1968 requires a local authority to make direct payments to persons in respect of securing the provision of certain services, where that person consents, or consent is given on their behalf.

These Regulations amend the Community Care (Direct Payments) (Scotland) Regulations 2003 (“the principal Regulations”). Regulation 2 amends regulation 4 of the principal Regulations, which specifies the persons (i.e. certain relatives) from whom services may not be obtained and funded by a direct payment.

These Regulations also amend regulation 4 to provide that local authorities can determine that services can be secured from such persons and paid for by direct payments in certain circumstances.