Part 2Disabled people: right to control provision of services

Introductory

39Relevant services

1

In this Part “relevant services” means services—

a

which are provided to or for the benefit of a disabled person (“P”) (whether or not in connection with P’s disability), and

b

which relate to one or more of the following matters.

2

Those matters are—

a

the provision of further education for P;

b

facilitating the undertaking by P of further education or higher education;

c

the provision of training for P;

d

securing employment for P;

e

facilitating P’s continued employment;

f

enabling P to live independently or more independently in P’s home;

g

the provision of residential accommodation for P;

h

enabling P to overcome barriers to participation in society.

3

Relevant services also include the provision by or on behalf of a relevant authority to or for the benefit of a disabled person of grants or loans relating to one or more of the matters mentioned in subsection (2).

4

Relevant services do not include excluded services (provision as to direct payments relating to excluded services being made by other legislation).

5

Subsection (4) is subject to section 44(4) (which relates to pilot schemes) and to section 48 (which gives power to repeal the exclusion of community care services).

6

In relation to England and Wales, the following are excluded services—

a

community care services,

b

services provided under the Carers and Disabled Children Act 2000 (c. 16), and

c

services provided under section 17 of the Children Act 1989 (c. 41) (provision of services for children in need, their families and others).

7

In relation to Scotland, the following are excluded services—

a

community care services, and

b

services provided under section 22(1) of the Children (Scotland) Act 1995 (c. 36) (promotion of welfare of children in need).

8

In this section “further education” and “higher education”—

a

in relation to England and Wales, have the same meaning as in the Education Act 1996 (c. 56);

b

in relation to Scotland, have the same meaning as in the Further and Higher Education (Scotland) Act 1992 (c. 37).