The Community Care (Direct Payments) (Scotland) Regulations 2003

Categories of persons specified for the purposes of section 12B(1) of the Act

3.—(1) Subject to paragraph (2) below the categories of persons specified for the purposes of section 12B(1) (persons who may give consent) of the 1968 Act are–

(a)persons having parental responsibility for a beneficiary who has not attained the age of 18 years and who is owed a duty by a local authority under subsection (1) of section 12B;

(b)an attorney;

(c)a guardian.

(2) The local authority shall not make a payment to a person who falls within any category specified in paragraph (1) in respect of a beneficiary unless the local authority is satisfied that that person is capable of managing the payment on behalf of the beneficiary, with or without assistance.

(3) A person falling within paragraph (1) is authorised to intromit with the payment and do anything requisite to secure the provision of the service on behalf of the beneficiary.