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The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014

S.I. 2014/513 · Made 4 March 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2024.

Constitutional Law

Devolution, Scotland

Social Care

Made 4th March 2014

Laid before Parliament 6th March 2014

Coming into force 1st April 2014

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2), (4) and (5) of the Scotland Act 1998f1.

Annotations to the whole text

Footnotes

f1

1998 c.46.

Contents

  1. 1Citation, commencement and extent
  2. 2Modifications
  3. 3Savings
  4. Signature
  5. Schedule: MODIFICATIONS
  6. 1Income Support (General) Regulations 1987
  7. 2Family Credit (General) Regulations 1987
  8. 3Disability Working Allowance (General) Regulations 1991
  9. 4Child Support (Maintenance Assessments and Special Cases) Regulations 1992
  10. 5Jobseeker’s Allowance Regulations 1996
  11. 6Housing Renewal Grants Regulations 1996
  12. 7State Pension Credit Regulations 2002
  13. 8Tax Credits (Definition and Calculation of Income) Regulations 2002
  14. 9Non-Contentious Probate Fees Order 2004
  15. 10Housing Benefit Regulations 2006
  16. 11Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  17. 12Gender Recognition (Application Fees) Order 2006
  18. 13Court of Protection Fees Order 2007
  19. 14Employment and Support Allowance Regulations 2008
  20. 15Magistrates’ Courts Fees Order 2008
  21. 16Civil Proceedings Fees Order 2008
  22. 17Family Proceedings Fees Order 2008
  23. 18Upper Tribunal (Lands Chamber) Fees Order 2009
  24. 19Supreme Court Fees Order 2009 Repealed
  25. 20First-tier Tribunal (Gambling) Fees Order 2010
  26. 21Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011
  27. 22Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
  28. 23First-tier Tribunal (Property Chamber) Fees Order 2013
  29. 24Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013
  30. 25Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013
  31. 26Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013
  32. Explanatory note

1Citation, commencement and extentI1

(1)

This Order may be cited as the Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014.

(2)

This Order comes into force on 1st April 2014.

(3)

Any modification made by the Schedule has the same extent as the provision being modified.

2ModificationsI1

The modifications contained in the Schedule have effect.

3SavingsI1

Notwithstanding article 2, the modifications contained in the Schedule are of no effect in respect of a payment made under section 12B of the Social Work (Scotland) Act 1968f1 after this Order comes into force.

Signature

Signed by the authority of the Secretary of State

David Mundell

Parliamentary Under Secretary of State

Scotland Office

Dover House

London

4th March 2014

1Income Support (General) Regulations 1987I1

In—

(a)

paragraph 58 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(b)

paragraph 67 of Schedule 10 (capital to be disregarded),

to the Income Support (General) Regulations 1987f1, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013f2”.

2Family Credit (General) Regulations 1987I1

In paragraph 57 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings) to the Family Credit (General) Regulations 1987f1, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

3Disability Working Allowance (General) Regulations 1991I1

In paragraph 55 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the Disability Working Allowance (General) Regulations 1991f1, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

4Child Support (Maintenance Assessments and Special Cases) Regulations 1992I1

In paragraph 48C of Schedule 2 (amounts to be disregarded when calculating or estimating N and M (parent’s net income)) to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992f1, for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

5Jobseeker’s Allowance Regulations 1996I1

In—

(a)

paragraph 56 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings); and

(b)

paragraph 60 of Schedule 8 (capital to be disregarded),

to the Jobseeker’s Allowance Regulations 1996f1, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

6Housing Renewal Grants Regulations 1996I1

In paragraph 59 of Schedule 3 (sums to be disregarded in the determination of income other than earnings) to the Housing Renewal Grants Regulations 1996f1, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

7State Pension Credit Regulations 2002I1

In paragraph 23C of Part I (capital disregarded for the purpose of calculating income) of Schedule V (income from capital) to the State Pension Credit Regulations 2002f1—

(a)

omit “by virtue of regulations made under”;

(b)

at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

(c)

for paragraph (b) substitute—

“(b)

as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or”.

8Tax Credits (Definition and Calculation of Income) Regulations 2002I1

In item 14 of Table 6 (sums disregarded in the calculation of income) in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002f1—

(a)

omit “section 12B of the Social Work (Scotland) Act 1968,”; and

(b)

after “2002”, insert “or as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

9Non-Contentious Probate Fees Order 2004I1

In paragraph 1(1) (interpretation) of Schedule 1A (remissions and part remissions) to the Non-Contentious Probate Fees Order 2004f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

10Housing Benefit Regulations 2006I1

In—

(a)

paragraph 57 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings); and

(b)

paragraph 58 of Schedule 6 (capital to be disregarded),

to the Housing Benefit Regulations 2006f1, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

11Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

In paragraph 26D of Part 1 (capital to be disregarded generally) of Schedule 6 (capital to be disregarded) to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006f1—

(a)

omit “by virtue of regulations made under”;

(b)

at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

(c)

for paragraph (b) substitute—

“(b)

as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or”.

12Gender Recognition (Application Fees) Order 2006I1

In paragraph 1(1) (interpretation) of the Schedule (remissions and part remissions) to the Gender Recognition (Application Fees) Order 2006f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

13Court of Protection Fees Order 2007I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Court of Protection Fees Order 2007f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

14Employment and Support Allowance Regulations 2008I1

In—

(a)

paragraph 53 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings); and

(b)

paragraph 56 of Schedule 9 (capital to be disregarded),

to the Employment and Support Allowance Regulations 2008f1, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

15Magistrates’ Courts Fees Order 2008I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Magistrates’ Courts Fees Order 2008f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

16Civil Proceedings Fees Order 2008I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Civil Proceedings Fees Order 2008f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

17Family Proceedings Fees Order 2008I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Family Proceedings Fees Order 2008f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013f2”.

18Upper Tribunal (Lands Chamber) Fees Order 2009I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Upper Tribunal (Lands Chamber) Fees Order 2009f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

19Supreme Court Fees Order 2009F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20First-tier Tribunal (Gambling) Fees Order 2010I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Gambling) Fees Order 2010f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

21Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions) to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

22Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012I1

In Schedule 6 (capital disregards) to the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012f1—

(a)

in paragraph 29, omit paragraph (b); and

(b)

after paragraph 29 insert—

“29ZA.

Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.”.

23First-tier Tribunal (Property Chamber) Fees Order 2013I1

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Property Chamber) Fees Order 2013f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

24Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013I1

In paragraph 1(1) (interpretation) of Schedule 3 (remissions and part remissions) to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013f1, in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

25Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013I1

(1)

The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013f1 are amended as follows.

(2)

In paragraph 28 of Schedule 5 (capital disregards: pensioners), omit paragraph (b).

(3)

After paragraph 28 of Schedule 5 insert—

(a)

in the English text—

“28A.

Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.”; and

(b)

in the Welsh text—

“28A.

Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013.”.

(4)

In paragraph 59 of Schedule 9 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) and paragraph 60 of Schedule 10 (capital disregards: persons who are not pensioners)—

(a)

in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b)

in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

26Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013I1

(1)

The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013f1 is amended as follows.

(2)

In paragraph 59 of Schedule 7 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)—

(a)

in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b)

in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

(3)

In paragraph 28 of Part 1 of Schedule 8 (capital to be disregarded), omit paragraph (b).

(4)

After paragraph 28 of Schedule 8 insert—

(a)

in the English text—

“28A.

Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.”; and

(b)

in the Welsh text—

“28A.

Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013.”.

(5)

In paragraph 60 of Schedule 9 (capital disregards: persons who are not pensioners)—

(a)

in the English text, for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b)

in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

Explanatory note

(This note is not part of the Order)

This Order makes modifications in consequence of the Social Care (Self-directed Support) (Scotland) Act 2013 (“the 2013 Act”).

Section 25 of the 2013 Act repeals sections 12B and 12C of the Social Work (Scotland) Act 1968 (“the 1968 Act”) which make provision in relation to direct payments in respect of community care services. New provision for direct payments is made in the 2013 Act.

Article 2 and the Schedule to this Order make modifications to secondary legislation consequential on the repeal of section 12B of the 1968 Act and the enactment of new provisions in relation to direct payments in the 2013 Act.

Article 3 contains a saving provision so that the enactments specified in the Schedule continue to apply without modification in relation to any payments which are made under section 12B of the 1968 Act on or after 1st April 2014.