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4.—(1) The Self-directed Support (Direct Payments) (Scotland) Regulations 2014(1) are amended as follows.
(2) After regulation 3(4) insert—
“(5) This regulation is subject to regulation 3A.”.
(3) After regulation 3 insert—
3A.—(1) A local authority may not—
(a)assess a direct payment user’s ability to contribute to the cost of securing the support to which a direct payment relates under regulation 3(1); or
(b)require a direct payment user to contribute to a direct payment under regulation 3(3) or (4)
in the circumstances specified in paragraph (2).
(2) The circumstances are that the support to which the direct payment relates is—
(a)support under section 3(4) of the Act; or
(b)services under section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need) where the direct payment user is a child who is in need because of the care which the child provides, or intends to provide, to another person.”.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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