The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020

Scottish Statutory Instruments

2020 No. 188

Social Care

The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020

Approved by the Scottish Parliament

Made

at 4.37 p.m. on 24th June 2020

Laid before the Scottish Parliament

25th June 2020

Coming into force in accordance with regulation 1(2)

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 2 and 7, and paragraph 7(3) of schedule 1, of the Coronavirus (Scotland) (No. 2) Act 2020 M1 and all other powers enabling them to do so.

Marginal Citations

M1 2020 asp 10. Section 9(1) provides that this Act expires on 30 September 2020 unless the expiry date is altered by regulations made under section 9 or 10 of that Act.

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020.

(2) These Regulations come into force immediately after they are made.

(3) In these Regulations—

[F1 “the coronavirus job retention scheme” means the scheme which was established on 15 April 2020 (and as it has effect from time to time) administered by Her Majesty’s Revenue and Customs under the direction of the Commissioners of Her Majesty’s Treasury under section 76 of the Coronavirus Act 2020,]

“expected income” means the greater of—

(a)

the remuneration to which a relevant social care worker would have been contractually entitled if their ability to undertake contracted health and care work was not restricted for a reason relating to coronavirus, and

(b)

the remuneration which under section 62 of the Employment Rights Act 1996 M2 an employee, who is permitted to take time off under section 61 of that Act, is entitled to be paid by his employer for that time,

“the Fund” means the Social Care Staff Support Fund to be established under paragraph 7(1) of schedule 1 of the 2020 Act,

[F2 “health board” means a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,]

“integration authority” has the meaning given by section 59 of the Public Bodies (Joint Working (Scotland) Act 2014 M3 ,

“relevant care service” means “a care home service”, “a housing support service”, “an offender accommodation service” or “a support service”, all as defined by section 47(1) and schedule 12 of the Public Services Reform (Scotland) Act 2010 M4 ,

“relevant social care worker” means an individual directly employed by a relevant care service on or after 23 March 2020,

“sick pay” means—

(a)

statutory sick pay as defined by section 151 of the Social Security Contributions and Benefits Act M5 ,

(b)

payment which a worker is entitled to receive under a contract of employment when they are absent from work due to illness or suspected illness, and

“2020 Act” means the Coronavirus (Scotland) (No. 2) Act 2020 M6 .

Textual Amendments

F1 Words in reg. 1(3) inserted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(2)(a)

F2 Words in reg. 1(3) inserted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(2)(b)

Commencement Information

I1 Reg. 1 in force at 24.6.2020 immediately after these Regulations are made, see reg. 1(2)

Marginal Citations

M2 1996 c.18.

M3 2014 asp 9. Section 59 was amended by S.S.I. 2014/342.

M4 2010 asp 8.

M5 1992 c.4. Section 151 was amended by paragraph 34 of schedule 1 of the Social Security (Incapacity for Work) Act 1994 (c.18) and paragraph 9 of schedule 1 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) and was modified by section 41(1) of the Coronavirus Act 2020 (c.7).

M6 2020 asp 10.

Establishment, maintenance and administration of the Fund S

2.—(1) The Fund is established.

(2) The Fund is to be maintained and administered in accordance with regulations 2 to 5.

(3) The Scottish Ministers must maintain the Fund for the duration of the period when Part 1 of the 2020 Act is in force M7 .

(4) The Scottish Ministers may appoint an integration authority [F3 , a local authority or any other person] to administer the Fund on their behalf.

[F4 (4A) The Scottish Ministers may appoint a different person under paragraph (4) to administer different parts of the Fund for different purposes.]

(5) The Scottish Ministers may pay such administration fees as they think fit to any person who they may appoint under paragraph (4).

Textual Amendments

F3 Words in reg. 2(4) substituted (24.12.2020) by virtue of The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(3)(a)

F4 Reg. 2(4A) inserted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(3)(b)

Commencement Information

I2 Reg. 2 in force at 24.6.2020 immediately after these Regulations are made, see reg. 1(2)

Marginal Citations

M7 Section 16 makes provision for the Act to come into force on the day after Royal Assent. The Act came into force on 27 May 2020.

Eligibility criteria to receive financial assistance deriving from the Fund S

3.—(1) A relevant social care worker is entitled to financial assistance from the Fund if all of the conditions in [F5 —

(a) paragraphs (2) to (5), or

(b) paragraphs (2) to (4) and—

(i) paragraph (6), or

(ii) paragraph (7),

are met].

(2) The first condition is that the relevant social care worker's ability to undertake contracted health and care work is, or has been, restricted for a reason relating to coronavirus.

(3) The second condition is that as a result of that restriction, the worker's income is, or has been, reduced.

(4) The third condition is that consequently the worker would experience, or is experiencing, financial hardship during the period when Part 1 of the 2020 Act is in force.

(5) The fourth condition is that the worker is, or was—

(a) unable to attend work as a result of having coronavirus, or

(b) self-isolating in accordance with relevant public health guidance.

[F6 (6) The fifth condition is that the worker is, or was, a person falling within a description in schedule 1 (conditions or treatments relevant for the purposes of regulation 3(6)) and has been advised by the Scottish Ministers, a registered medical practitioner or a health board to shield themselves from the general public in order to reduce the risk of that worker contracting coronavirus.

(7) The sixth condition is that the worker is, or was, a person falling within a description in schedule 2 (conditions or statuses relevant for the purposes of regulation 3(7)), and has agreed with their employer, following an assessment, that the worker is unable to carry out their duties for a period of time due to the risk of that worker contracting coronavirus.

(8) No financial assistance is to be granted under these regulations in respect of any period after 31 October 2020 to a worker who is eligible by virtue of the conditions set out in paragraphs (6) or (7).]

Textual Amendments

F5 Reg. 3(1)(a)(b) and words substituted for words (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(4)(a)

F6 Reg. 3(6)-(8) inserted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(4)(b)

Commencement Information

I3 Reg. 3 in force at 24.6.2020 immediately after these Regulations are made, see reg. 1(2)

Requirements for claim on the Fund by relevant social care workers S

4.  In order to make a claim on the Fund, a relevant social care worker must provide evidence satisfactory to the Scottish Ministers, to them, or to such person appointed by the Scottish Ministers in accordance with regulation 2(4), that all the conditions set out in [F7 —

(a) regulations 3(2) to (5), or

(b) regulation 3(2) to (4) and—

(i) regulation 3(6), or

(ii) regulation 3(7),

are met].

Textual Amendments

F7 Reg. 4(a)(b) and words substituted for words (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(5)

Commencement Information

I4 Reg. 4 in force at 24.6.2020 immediately after these Regulations are made, see reg. 1(2)

Amount of financial assistance to be paid from the Fund S

5.—(1) Subject to paragraph (2), the maximum amount to be paid from the Fund to each relevant social care worker in respect of each period that the worker meets all the conditions in [F8 regulation 3(2) to (5)] is the difference between—

(a) that worker's expected income from health and care work in respect of that period, and

(b) their actual income from health and care work (including any sick pay) in respect of that period.

[F9 (1A) Subject to paragraph (2), the maximum amount to be paid from the Fund to each relevant social care worker in respect of each period that the worker meets all the conditions in regulations 3(2) to (4) and either (6) or (7), regardless of whether they also meet the condition at regulation 3(5), is the difference between—

(a) 80% of that worker’s expected income from health and care work in respect of that period, and

(b) their actual income from health and care work (including any sick pay) in respect of that period.]

(2) A relevant social care worker is not entitled to payment of an amount under paragraph (1) [F10 or (1A)] to the extent to which they have received a payment in respect of reduction in income for that period [F11 by virtue of—

(a) any sick pay,

(b) the coronavirus job retention scheme, or

(c) their employer].

Textual Amendments

F8 Words in reg. 5(1) substituted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(6)(a)

F9 Reg. 5(1A) inserted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(6)(b)

F10 Words in reg. 5(2) added (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(6)(c)(i)

F11 Reg. 5(2)(a)-(c) and words substituted for words (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(6)(c)(ii)

Commencement Information

I5 Reg. 5 in force at 24.6.2020 immediately after these Regulations are made, see reg. 1(2)

Reimbursement of employers of payments to relevant social care workers S

6.—(1) Subject to paragraph (2), an employer who pays a relevant social care worker an amount described in regulation 5 is entitled to reimbursement from the Fund, together with payment of such administration costs (if any) as the Scottish Ministers think fit.

(2) An employer must provide evidence satisfactory to the Scottish Ministers, to them, or to such person as they may appoint to administer the Fund, [F12 or different parts of the Fund,] that—

(a) the relevant social care worker has met all of the conditions set out in [F13 —

(i) regulation 3(2) to (5), or

(ii) regulation 3(2) to (4) and

(aa) regulation 3(6), or

(bb) regulation 3(7)],

(b) the worker was entitled to the amount sought to be reimbursed, and

(c) the employer has paid to the worker that amount.

(3) An employer of a relevant social care worker is not entitled to reimbursement to the extent to which they have received a payment from any public body or other person in reimbursement of that amount.

Textual Amendments

F12 Words in reg. 6(2) inserted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(7)(a)

F13 Reg. 6(2)(a)(i)(ii) substituted for words (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(7)(b)

Commencement Information

I6 Reg. 6 in force at 24.6.2020 immediately after these Regulations are made, see reg. 1(2)

JEANE FREEMAN

A member of the Scottish Government

St Andrew's House,

Edinburgh

Regulation 3(6)

[F14 SCHEDULE 1 S Conditions or treatments relevant for the purposes of regulation 3(6)

Textual Amendments

F14 Schs. 1, 2 inserted (24.12.2020) by The Social Care Staff Support Fund (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/469), regs. 1(1), 2(8)

• A person who has cancer and is receiving a course of chemotherapy

• A person who has lung cancer and is either receiving, or has previously received, radiotherapy intended to cure the cancer

• A person who has cancer of the blood or bone marrow (including leukaemia, lymphoma or myeloma) and is at any stage of treatment

• A person with a severe chest condition such as cystic fibrosis, severe asthma, severe chronic obstructive pulmonary disease, severe bronchiectasis or pulmonary hypertension

• A person with a rare disease, including all forms of interstitial lung disease/sarcoidosis, and inborn errors of metabolism (such as severe combined immunodeficiency and homozygous sickle cell) that significantly increase the risk of infections

• A person with an absent spleen or who has had their spleen removed

• A person who is pregnant and who has significant heart disease (whether congenital or acquired)

• A person aged 18 or over with Down’s syndrome

• A person with stage 5 kidney disease

• A person who has had solid organ transplants

• A person who has had bone marrow or stem cell transplants in the last six months, or who is taking immunosuppression drugs

• A person who is receiving immunotherapy or other continuing antibody treatments for cancer

• A person who is receiving targeted cancer treatments which can affect the immune system, such as protein kinase inhibitors or poly (ADP-ribose) polymerase inhibitors

• A person who is receiving immunosuppression therapies that significantly increase the risk of infection

• A person who is receiving renal dialysis treatment

Regulation 3(7)

SCHEDULE 2 S Conditions or statuses relevant for the purposes of regulation 3(7)

• A person who is aged 70 or older

• A person who is under 70 and instructed to get a flu jab each year on medical grounds

• A person who is pregnant

• A person with chronic respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis

• A person with chronic heart disease

• A person with chronic kidney disease

• A person with chronic liver disease

• A person with a chronic neurological condition, including Parkinson’s diease, motor neurone disease, multiple sclerosis, a learning disability or cerebral palsy

• A person with diabetes

• A person who has problems with their spleen, for example sickle cell disease

• A person with a weakened immune system as the result of conditions such as human immunodeficiency virus or acquired immune deficiency syndrome, or as a result of medicines such as steroid tablets or chemotherapy

• A person with a body mass index of 40 or above]

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the establishment, maintenance and administration of the Social Care Staff Support Fund (“the Fund”).

Regulation 1 provides that the Regulations will come into force as soon as they are made and provides definitions of key terms in the Regulations.

Regulation 2 provides that the Scottish Ministers establish the Fund, and as to maintenance and administration of the Fund.

Regulation 3 sets out the eligibility criteria that a worker must satisfy to receive assistance.

Regulation 4 makes provision as to the making of claims on the Fund by a relevant social care worker.

Regulation 5 makes provision as to the amount that can be paid from the Fund.

Regulation 6 makes provision as to reimbursement of an employer who pays sums to which a worker is entitled from the Fund.