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Community Care and Health (Scotland) Act 2002

Schedule 1 - Social care not ordinarily charged for

116.Schedule 1 is based on the definition of personal care recommended by the Care Development Group in its September 2001 report, Fair Care for Older People. This schedule does not amend the definition of personal care which is referred to in the requirement for free care in section 1(1) of this Act and which appears in section 2(28) of the 2001 Act. The items in schedule 1 complement that definition, which is general in its terms, and therefore ensures that those items of care that the Care Development Group considered should be free will be included in the requirement for free care in section 1. In some cases the terminology has had to be changed from that used by the Care Development Group to achieve the necessary precision for legislation.

117.Also, in order to avoid duplication, help with washing and eating, which were included in the Care Development Group’s recommended list, have not been included in schedule 1. This is because such care is already mentioned as a specific example in the definition of “personal care” in the 2001 Act and is therefore already attracted by paragraph (a) of subsection (1) of section 1 of the Act.

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