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The Self-directed Support (Direct Payments) (Scotland) Regulations 2014

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Means testing for direct payments

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3.—(1) A local authority may assess a direct payment user’s ability to contribute to the cost of securing the support to which a direct payment relates (“a means test”).

(2) If the authority carries out a means test, the authority must carry it out either—

(a)before the direct payment is made; or

(b)as soon as possible and not later than one year after the direct payment has been made.

(3) Having considered the means test, the authority may require the direct payment user to contribute to the direct payment.

(4) If the means test happens after the direct payment has been made and the authority decides that the direct payment user should contribute to the direct payment, the authority may require the direct payment user to repay either—

(a)part of the direct payment to reflect that contribution; or

(b)some lesser amount.

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