Care Reform (Scotland) Act 2025

8 Rights to breaks for carers

(1) The Carers (Scotland) Act 2016 is modified by subsections (2) to (11).

(2) After section 8(2) (adult carers: identification of outcomes and needs for support) insert—

“(3) A responsible local authority must identify, as a personal outcome that is relevant to an adult carer, the outcome that the adult carer is able to take sufficient breaks.

(4) Where an adult carer is not able to take sufficient breaks, a responsible local authority must identify the need for support to enable the adult carer to take sufficient breaks.”.

(3) In section 9(1) (content of adult carer support plan)—

(a) after paragraph (h) insert—

“(ha) if the adult carer’s identified needs include the need for support to enable the adult carer to take sufficient breaks by virtue of section 8(4), information about the support which the responsible local authority provides or intends to provide to the adult carer to meet that need,”,

(b) in paragraph (j), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ha))”,

(c) paragraph (k) is repealed.

(4) After section 14(2) (young carers: identification of outcomes and needs for support) insert—

“(3) A responsible authority must identify, as a personal outcome that is relevant to a young carer, the outcome that the young carer is able to take sufficient breaks.

(4) Where a young carer is not able to take sufficient breaks, a responsible authority must identify the need for support to enable the young carer to take sufficient breaks.”.

(5) In section 15(1) (content of young carer statement)—

(a) after paragraph (i) insert—

“(ia) if the young carer’s identified needs include the need for support to enable the young carer to take sufficient breaks by virtue of section 14(4), information about the support which the responsible local authority provides or intends to provide to the young carer to meet that need,”,

(b) in paragraph (k), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ia))”,

(c) paragraph (l) is repealed.

(6) In section 21 (duty to set local eligibility criteria)—

(a) in subsection (2), for “identified” substitute “relevant”,

(b) after subsection (4) insert—

“(5) In subsection (2), “relevant needs” means identified needs other than any need for support to enable carers to take sufficient breaks that is identified by virtue of section 8(4) or 14(4).”.

(7) In section 23 (national eligibility criteria)—

(a) in subsection (2), for “identified” substitute “relevant”,

(b) in subsection (3)(c), for “24(3)” substitute “24(2) and (4)”,

(c) after subsection (4) insert—

“(5) In subsection (2), “relevant needs” means identified needs other than any need for support to enable carers to take sufficient breaks that is identified by virtue of section 8(4) or 14(4).”.

(8) In section 24 (duty to provide support)—

(a) in subsection (1)(a), for the words from “section” to “caring” substitute “this section in order to enable the carer to take a break”,

(b) in subsection (2), for “eligible needs” substitute “relevant needs that meet the local eligibility criteria”,

(c) subsection (3) is repealed,

(d) in subsection (4)—

(i) in paragraph (a), for “the carer’s eligible needs” substitute “any relevant needs of the carer that meet the local eligibility criteria”,

(ii) in paragraph (b), for “the carer’s other identified needs” substitute “any relevant needs of the carer that do not meet the local eligibility criteria”,

(e) after subsection (4) insert—

“(4A) The responsible local authority must also provide support to the carer to meet any need for support to enable the carer to take sufficient breaks that is identified by virtue of section 8(4) or 14(4).”,

(f) in subsection (5)—

(i) in the opening words, for “Subsection (4)(a) applies” substitute “Subsections (4)(a) and (4A) apply”,

(ii) in paragraph (a), for “eligible needs” substitute “identified needs in question”,

(iii) in paragraph (b), for “eligible needs” substitute “identified needs in question”,

(g) in subsection (6), for the words from “the”, in the first place where it occurs, to the end substitute ““relevant needs”, in relation to a carer, means the carer’s identified needs other than any need for support to enable the carer to take sufficient breaks that is identified by virtue of section 8(4) or 14(4)”.

(9) In section 25 (provision of support to carers: breaks from caring)—

(a) subsection (1) is repealed,

(b) for subsection (2) substitute—

“(2) The Scottish Ministers must by regulations make further provision in connection with the support to be provided to a carer under section 24(4A).

(2A) Regulations under subsection (2) may in particular make provision about—

(a) the meaning of any reference to sufficient breaks in this Act, which must take account of a carer’s need to have time for rest and leisure,

(b) standards or criteria in relation to the sufficiency of such breaks (including the nature, frequency or duration of breaks),

(c) forms of support that may enable a carer to take such breaks,

(d) where the support is the provision of care for the cared-for person, the role of the cared-for person in relation to how the care is provided.”,

(c) in subsection (3), for “by virtue of subsection (1)” substitute “under section 24(4A)”,

(d) in subsection (4)—

(i) for “by virtue of subsection (1)” substitute “under section 24(4A)”,

(ii) the words “from caring” are repealed,

(e) in subsection (5), for “as a break from caring” substitute “to enable a carer to take a break”.

(10) In section 31 (duty to prepare local carer strategy)—

(a) after subsection (2)(h) insert—

“(ha) plans to promote a variety of providers of support to relevant carers and to promote the variety of support provided,”,

(b) after subsection (2) insert—

“(2A) In subsection (2), references to support to relevant carers include references to support to enable carers to take a break.”.

(11) After section 41(2) (interpretation) insert—

“(3) In this Act references to a carer taking a break (however expressed) are references to the carer taking a break, either with or without the cared-for person, which entails—

(a) taking a break from providing any form of care to the cared-for person, or

(b) taking a break from the carer’s normal routine of providing care to the cared-for person by (either or both)—

(i) limiting the nature, extent, intensity, or duration of the care provided,

(ii) changing the circumstances (including the location) in which the care is provided.”.

(12) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by subsection (13).

(13) In section 7(1) (choice of options: adult carers and young carers), after “24(4)” insert “or (4A)”.

(14) The Social Work (Scotland) Act 1968 is modified by subsection (15).

(15) In section 87 (charges that may be made for services and accommodation)—

(a) in subsection (1), after “24(4)” insert “or (4A)”,

(b) in subsection (1A)(a), after “24(4)” insert “or (4A)”.