The Community Care (Direct Payments) (Scotland) Amendment Regulations 2005

Made: 2nd March 2005

Laid before the Scottish Parliament: 3rd March 2005

Coming into force: 1st April 2005

The Scottish Ministers, in exercise of the powers conferred by sections 12B(1)(b) and 90(3) of the Social Work (Scotland) Act 1968[^f00001] and of all other powers enabling them in that behalf hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Community Care (Direct Payments) (Scotland) Amendment Regulations 2005 and shall come into force on 1st April 2005.

Amendment of the Community Care (Direct Payments) (Scotland) Regulations 2003

2

For paragraph (a) of regulation 2 (description of persons specified for the purposes of section 12B(1) of the Social Work (Scotland) Act 1968) of the Community Care (Direct Payments) (Scotland) Regulations 2003[^f00002] substitute–

(a) subject to paragraph (aa) below, a person who does not fall within either paragraph (a) of the definition of ‘persons in need’ in section 94(1) of the Act (persons in need of care and attention arising out of infirmity, youth or age) or paragraph (b) of the definition of ‘persons in need’ in section 94(1) of the Act (persons suffering from illness or mental disorder or substantially handicapped by any deformity or disability); (aa) a person who falls within paragraph (a) of the definition of ‘persons in need’ in section 94(1) of the Act and is aged less than 65;

Signed

RHONA BRANKIN — Authorised to sign by the Scottish Ministers — 2nd March 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under sections 12B(1)(b) and 90(3) of the Social Work (Scotland) Act 1968 (“the 1968 Act”). Section 12B was originally inserted into the 1968 Act by section 4 of the Community Care (Direct Payments) Act 1996. Section 12B was amended by section 70 of the Regulation of Care (Scotland) Act 2001 and section 7 of, and paragraph 1 of Schedule 2 to, the Community Care and Health (Scotland) Act 2002.

Section 12B(1) of the 1968 Act requires a local authority to make direct payments to any person in respect of securing the provision of certain services, where that person consents, or consent is given on their behalf, unless that person is excluded from receiving direct payments.

The Community Care (Direct Payments) (Scotland) Regulations 2003 (S.S.I. 2003/243) (“the 2003 Regulations”) among other things specify the description of persons who are excluded from receiving direct payments.

These Regulations amend the 2003 Regulations to make all persons aged 65 or over who need care and attention arising out of infirmity or age eligible to receive direct payments subject to the other exclusions specified in regulation 2(b) to (p) of the 2003 Regulations (regulation 2(2)).

No regulatory impact assessment has been made in relation to these Regulations.

Footnotes

[^f00001]: 1968 c. 49. Section 12B was inserted by the Community Care (Direct Payments) Act 1996 (c. 30), section 4 and was amended by the Regulation of Care (Scotland) Act 2001 (asp 8), section 70 and by the Community Care and Health (Scotland) Act 2002 (asp 5), section 7 and Schedule 2, paragraph 1. See section 90(1) for the meaning of ‘regulations’. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: S.S.I. 2003/243.