(This note is not part of the Regulations)
Section 12B of the Social Work (Scotland) Act 1968 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.
These Regulations amend the Community Care (Direct Payments) (Scotland) Regulations 2003 (“the principal Regulations”). Regulation 2 amends regulation 4 of the principal Regulations, which specifies the persons (i.e. certain relatives) from whom services may not be obtained and funded by a direct payment.
These Regulations also amend regulation 4 to provide that local authorities can determine that services can be secured from such persons and paid for by direct payments in certain circumstances.