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

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 M1 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 M2 ,

“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 M3 ,

“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 M4 ,

(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 M5 .

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

M1 1996 c.18.

M2 2014 asp 9. Section 59 was amended by S.S.I. 2014/342.

M3 2010 asp 8.

M4 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).

M5 2020 asp 10.