PART 3PROVISION OF SUPPORT TO CARERS
CHAPTER 1ELIGIBILITY CRITERIA
Local eligibility criteria
21Duty to set local eligibility criteria
1
Each local authority must set the local eligibility criteria which it is to apply in its area.
2
Local eligibility criteria are the criteria by which the local authority must determine whether it is required to provide support to carers to meet carers’ identified needs.
3
Before setting its local eligibility criteria, a local authority must—
a
consult such persons and bodies representative of carers as the local authority considers appropriate, and
b
take such steps as it considers appropriate to involve carers.
4
A local authority must, when setting its local eligibility criteria, have regard among other things to such matters as the Scottish Ministers may by regulations specify.
22Publication and review of criteria
1
Each local authority must publish its local eligibility criteria.
2
The first local eligibility criteria must be published before the end of the period of 6 months beginning with the day prescribed by the Scottish Ministers by regulations.
3
Each local authority must carry out a first review of its local eligibility criteria before the end of the period, prescribed by the Scottish Ministers by regulations, beginning with the day on which the criteria are published.
4
Each local authority—
a
must thereafter review its local eligibility criteria before the end of the relevant period,
b
may from time to time carry out such a review.
5
The relevant period is the period of 3 years beginning with whichever is the later of the day on which the local authority last published—
a
its local eligibility criteria, or
b
a statement under subsection (6)(b).
6
Following a review under subsection (3) or (4), the local authority—
a
may set revised local eligibility criteria,
b
must, where it does not set revised criteria, publish a statement to that effect.
7
Subsection (1) and section 21(4) apply to revised local eligibility criteria set under this section as they apply to criteria set under section 21.