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The Carers (Scotland) Act 2016 (Transitional Provisions) Regulations 2018

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Transitional provision in respect of persons in receipt of services or support

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12.—(1) Where a local authority is providing services to a carer by virtue of regulation 4 and, in consequence of a review of those services under regulation 5, it appears to the local authority that there has been a change in the carer and/or cared for person’s circumstances which has had or could have a material impact on the care provided by the carer—

(a)where that local authority is—

(i)the responsible authority in relation to the carer and the carer is a young carer, the responsible authority must offer that young carer a YCS; or

(ii)the responsible local authority in relation to the carer and the carer is an adult carer, the responsible local authority must offer that adult carer an ACSP;

(b)where that local authority is not the responsible authority or responsible local authority in relation to that carer it must notify the responsible authority and, where appropriate, the responsible local authority of the fact that it is providing services to that carer by virtue of regulation 4 and the change in circumstances and—

(i)where the carer is a young carer, the responsible authority must offer that young carer a YCS; or

(ii)where the carer is an adult carer, the responsible local authority must offer that adult carer an ACSP.

(c)where that local authority is not the responsible authority in relation to that carer but is the responsible local authority for providing support to that carer, the local authority providing those services must notify the responsible authority in relation to that carer of the fact that it is providing those services and the change in circumstances and—

(i)where the carer is a young carer, the responsible authority must offer that young carer a YCS; or

(ii)where the carer is an adult carer, the responsible local authority must offer that adult carer an ACSP.

(2) In this regulation, “support” means support provided under section 24 of the Act.

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