Article 4 Specified social care schemes for adult placement careI1

United Kingdom

(1)

A specified social care scheme in relation to adult placement care must meet Conditions A to C.

(2)

Condition A is that X is placed with Y.

(3)

Condition B is that Y is—

F1(a)

in England, a shared lives carer within the meaning given by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014,

(b)

in Wales, an adult placement carer within the meaning of the Adult Placement Schemes (Wales) Regulations 2004^f1,

(c)

in Scotland, a person with whom X has been accommodated by an adult placement service within the meaning of section 47(1)(j) of the Public Services Reform (Scotland) Act 2010 ^f2, or

(d)

in Northern Ireland, an adult placement carer within the meaning of the Adult Placement Agencies Regulations (Northern Ireland) 2007^f3.

(4)

Condition C is that Y receives payment F2... for providing adult placement care to X F3from—

(a)

L, or

(b)

subject to paragraph (4A), the relevant social care scheme or the person who carries on the scheme.

F4(4A)

Sub-paragraph (b) of paragraph (4) does not apply if—

(a)

under the relevant social care scheme, the payment made by the scheme or the person who carries on the scheme is made in a fiduciary or representative capacity in relation to X, or

(b)

the relevant social care scheme would permit Y to receive any other payment for providing care to X.

(5)

Until the coming into force of section 47(1)(j) of the Public Services Reform (Scotland) Act 2010, the reference to that provision in sub-paragraph (c) of paragraph 3 is to section 2(16) of the Regulation of Care (Scotland) Act 2001^f4.

Annotations

Textual amendments

F1: Art. 4(3)(a) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2018 (S.I. 2018/317), arts. 1(1), 2(2)(a)
F2: Words in art. 4(4) omitted (with effect in accordance with art. 1(2) of the amending S.I.) by virtue of The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2018 (S.I. 2018/317), arts. 1(1), 2(2)(b)(i)
F3: Words in art. 4(4) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2018 (S.I. 2018/317), arts. 1(1), 2(2)(b)(ii)
F4: Art. 4(4A) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2018 (S.I. 2018/317), arts. 1(1), 2(3)

Commencement

I1: Art. 4 in force at 4.4.2011, see art. 1(2)

Footnotes

f1: S.I. 2004/1756 (W. 188), as amended by the Adult Placement Schemes (Wales) (Miscellaneous Amendments) Regulations 2010 S.I. 2010/2585 (W. 217).
f2: 2010 asp 8.
f3: S.R. (NI) 2007 No 221.
f4: 2001 asp 8.