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The Self-directed Support (Direct Payments) (Scotland) Amendment Regulations 2015

S.S.I. 2015/319 · Made 2 September 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Care

Made 2nd September 2015

Laid before the Scottish Parliament 3rd September 2015

Coming into force 2nd October 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 15 and 22(1) of the Social Care (Self-directed Support) (Scotland) Act 2013f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2013 asp 1.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Self-directed Support (Direct Payments) (Scotland) Regulations 2014
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Self-directed Support (Direct Payments) (Scotland) Amendment Regulations 2015 and come into force on 2nd October 2015.

2Amendment to the Self-directed Support (Direct Payments) (Scotland) Regulations 2014

After regulation 11 of the Self-directed Support (Direct Payments) (Scotland) Regulations 2014f1 insert—

“PART 6

Circumstances in which certain local authorities can make direct payments for residential accommodation etc.

12.
(1)

This regulation applies where East Renfrewshire Council or Moray Council decides under section 12A(1)(b) of the 1968 Actf2 that the needs of a person call for the provision of the community care services described in paragraph (2).

(2)

The community care services are—

(a)

residential accommodation; or

(b)

residential accommodation with nursing (under section 13A (residential accommodation with nursing) of the 1968 Actf3),

for a period in excess of 4 consecutive weeks in any period of 12 months.

(3)

Despite regulation 10, a person to whom this regulation applies is not within the description of persons specified for the purposes of section 15(2)(a) of the Act (persons who are ineligible to receive direct payments).

(4)

A local authority is not required under section 5 of the Act to give a person the opportunity to choose Option 1 and, so far as relating to that option, Option 4 in the circumstances specified in paragraph (1).”.

Signature

JAMIE HEPBURN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd September 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Self-directed Support (Direct Payments) (Scotland) Regulations 2014 (“the principal Regulations”), which make further provision about direct payments under the Social Care (Self-directed Support) (Scotland) Act 2013.

They insert a new Part 6 into the principal Regulations in order to enable East Renfrewshire Council and Moray Council to make direct payments to persons for residential accommodation for a period of more than four consecutive weeks in any period of 12 months.