PART 3PROVISION OF SUPPORT TO CARERS

CHAPTER 1ELIGIBILITY CRITERIA

Local eligibility criteria

I221Duty to set local eligibility criteria

1

Each local authority must set the local eligibility criteria which it is to apply in its area.

2

Local eligibility criteria are the criteria by which the local authority must determine whether it is required to provide support to carers to meet carers' identified needs.

3

Before setting its local eligibility criteria, a local authority must—

a

consult such persons and bodies representative of carers as the local authority considers appropriate, and

b

take such steps as it considers appropriate to involve carers.

4

A local authority must, when setting its local eligibility criteria, have regard among other things to such matters as the Scottish Ministers may by regulations specify.

22Publication and review of criteria

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Each local authority must publish its local eligibility criteria.

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The first local eligibility criteria must be published before the end of the period of 6 months beginning with the day prescribed by the Scottish Ministers by regulations.

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Each local authority must carry out a first review of its local eligibility criteria before the end of the period, prescribed by the Scottish Ministers by regulations, beginning with the day on which the criteria are published.

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Each local authority—

a

must thereafter review its local eligibility criteria before the end of the relevant period,

b

may from time to time carry out such a review.

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The relevant period is the period of 3 years beginning with whichever is the later of the day on which the local authority last published—

a

its local eligibility criteria, or

b

a statement under subsection (6)(b).

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Following a review under subsection (3) or (4), the local authority—

a

may set revised local eligibility criteria,

b

must, where it does not set revised criteria, publish a statement to that effect.

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Subsection (1) and section 21(4) apply to revised local eligibility criteria set under this section as they apply to criteria set under section 21.