The Community Care (Direct Payments) (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 12B(1)(b), (1B), (3), (4) and (6) of the Social Work (Scotland) Act 1968 (“the 1968 Act”). Section 12B was originally inserted into the 1968 Act by section 4 of the Community Care (Direct Payments) Act 1996. Section 12B was amended by section 7 of the Community Care and Health (Scotland) Act 2002 (which comes into force on 1st June 2003).

Section 12B of the 1968 Act requires a local authority to make direct payments to persons in respect of securing the provision of certain services, where that person consents, or consent is given on their behalf.

Regulation 2 specifies the description of persons who are excluded from receiving direct payments.

Regulation 3 specifies the categories of person who may consent to receive a direct payment on behalf of the person who is entitled to the payment.

Regulation 4 specifies the persons from whom services may not be obtained by means of a direct payment.

Regulation 5 provides that in relation to a beneficiary who has not attained the age of 18 years, the duty to make direct payments applies only where the local authority is satisfied that seeking the service by virtue of a direct payment will safeguard and promote the welfare of the child.

Regulation 6 specifies the maximum periods of residential accommodation which may be secured by means of a direct payment.

Regulation 7 and the Schedule revoke the Community Care (Direct Payments) (Scotland) Regulations 1997 (S.I. 1997/693) together with amending regulations.