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The Carers (Waiving of Charges for Support) (Scotland) Regulations 2014

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Local authority not to require contribution in respect of direct payments enabling the provision of support to carers

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4.—(1) The Self-directed Support (Direct Payments) (Scotland) Regulations 2014(1) are amended as follows.

(2) After regulation 3(4) insert—

(5) This regulation is subject to regulation 3A..

(3) After regulation 3 insert—

Means testing for direct payments: carers

3A.(1) A local authority may not—

(a)assess a direct payment user’s ability to contribute to the cost of securing the support to which a direct payment relates under regulation 3(1); or

(b)require a direct payment user to contribute to a direct payment under regulation 3(3) or (4)

in the circumstances specified in paragraph (2).

(2) The circumstances are that the support to which the direct payment relates is—

(a)support under section 3(4) of the Act; or

(b)services under section 22 of the Children (Scotland) Act 1995 (promotion of welfare of children in need) where the direct payment user is a child who is in need because of the care which the child provides, or intends to provide, to another person..

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