Section 25 Provision of support to carers: breaks from caring

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 25(1) repealed by Care Reform (Scotland) Act 2025 s. 8(9)(a)
s. 25(4) words repealed by Care Reform (Scotland) Act 2025 s. 8(9)(d)(ii)
s. 25(5) words substituted by Care Reform (Scotland) Act 2025 s. 8(9)(e)
s. 25(2)(2A) substituted for s. 25(2) by Care Reform (Scotland) Act 2025 s. 8(9)(b)
s. 25(3) words substituted by Care Reform (Scotland) Act 2025 s. 8(9)(c)
s. 25(4) words substituted by Care Reform (Scotland) Act 2025 s. 8(9)(d)(i)

I1(1)

A local authority, in determining which support to provide to a carer under section 24(4), must consider in particular whether the support should take the form of or include a break from caring.

(2)

The Scottish Ministers may by regulations make provision—

I2 I3(a)

about the form of support that may be provided as a break from caring,

(b)

where the regulations provide for a break from caring to take the form of the provision of care for the cared-for person, about the role of the cared-for person in relation to how that care is provided.

(3)

Support provided by virtue of subsection (1) may be provided on a regular basis or on a temporary basis and may be provided for varying periods of time.

(4)

In providing support by virtue of subsection (1), a local authority must have regard to the desirability of breaks from caring being provided on a planned basis.

(5)

Section 19(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 applies in relation to support provided as a break from caring as it applies in relation to any other support.

Annotations

Commencement

I1: S. 25(1)(2)(b)(3)-(5) in force at 1.4.2018 by S.S.I. 2017/152, reg. 4
I2: S. 25(2)(a) in force at 31.5.2017 for specified purposes by S.S.I. 2017/152, reg. 2, sch.
I3: S. 25(2)(a) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/152, reg. 4