Social Care (Self-directed Support) (Scotland) Act 2013

Direct payments

15 Power to make further provision about direct payments

(1) The Scottish Ministers may by regulations make further provision about direct payments.

(2) Regulations under subsection (1) may in particular make provision for or in connection with—

(a) specifying descriptions of person who are ineligible to receive direct payments,

(b) specifying circumstances in which a local authority is not to be required under section 5, 7 or 8 to give a person the opportunity to choose—

(i) Option 1 of the options for self-directed support, and

(ii) so far as relating to that option, Option 4,

(c) specifying the circumstances in which a local authority may require a person to contribute to a direct payment,

(d) enabling a local authority to assess or reassess a person’s ability to contribute to the cost of securing the support to which a direct payment relates,

(e) specifying the ways in which direct payments may be paid or repaid,

(f) specifying circumstances in which a local authority may, must or may not terminate the making of a direct payment,

(g) specifying circumstances in which a local authority may pay all or part of a direct payment to a person other than the person to whom the direct payment relates,

(h) specifying descriptions of person to whom direct payments may not be made under paragraph (g),

(i) specifying descriptions of person who are prohibited from providing support to which a direct payment relates other than in such circumstances as are specified,

(j) specifying conditions which must be satisfied by persons before they may provide support to which a direct payment relates.

16 Misuse of direct payment: recovery

(1) Subsection (2) applies where—

(a) a local authority makes a direct payment to a person, and

(b) the authority considers—

(i) that the direct payment has been used (wholly or partly) for some purpose other than to secure the provision of the support to which it relates, or

(ii) that there has been a contravention of provision made by regulations under section 15 in relation to the direct payment.

(2) The authority may require the person to repay a sum equal to—

(a) the direct payment, or

(b) such part of the direct payment as the authority considers appropriate.