# The Self-directed Support (Direct Payments) (Scotland) Regulations 2014, Regulation 9: Exception to family members rule

Extent: S

(1) Even if regulation 8(2) applies, a family member may not provide support to which a direct payment relates if—
(a) the local authority determines that either the family member or the direct payment user is under undue pressure to agree to the family member providing support; or
(b) the family member is a guardian, continuing attorney or welfare attorney with power to make decisions as regards the support to be provided through the direct payment.
(2) In this regulation—
“guardian”—
(a)means a guardian appointed under the Adults with Incapacity (Scotland) Act 2000 (“the 2000 Act”); and
(b)includes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during the adult’s incapacity, if the guardianship is recognised under the law of Scotland;
“continuing attorney”—
(a)means a continuing attorney within the meaning of section 15 (creation of continuing power of attorney) of the 2000 Act; and
(b)includes a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter’s property or financial affairs and having continuing effect despite the granter’s incapacity; and
“welfare attorney”—
(a)means a welfare attorney within the meaning of section 16 (creation and exercise of welfare power of attorney) of the 2000 Act; and
(b)includes a person granted, under contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter’s personal welfare and having effect during the granter’s incapacity.

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Source: https://www.legislation.gov.uk/ssi/2014/25/regulation/9 (the official version)
Page: https://openlegislation.uk/self-directed-support-direct-payments-scotland-regulations-2014/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.