2012 No. 109

Social Care

The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2012

Made

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1(2)(a), 2 and 23(4) of the Community Care and Health (Scotland) Act 20021 and all other powers enabling them to do so.

In accordance with section 23(3)(a) of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

These Regulations may be cited as the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2012 and come into force on 1st April 2012.

Amendment of the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 20022

1

The Community Care (Personal Care and Nursing Care) (Scotland) Regulations 20023 are amended as follows.

2

In regulation 2 (accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003)—

a

in paragraph (a), for “£159” substitute “£163”; and

b

in paragraph (b), for “£72” substitute “£74”.

Revocations3

The following Regulations are revoked—

a

the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 20084;

b

the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 20095;

c

the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 20106; and

d

the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 20117.

NICOLA STURGEONA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Community Care and Health (Scotland) Act 2002 (“the 2002 Act”) which, together with the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 (“the principal Regulations”), provides that local authorities are not to charge for certain types of social care provided or secured by them. Regulation 2 of the principal Regulations modifies, for the purpose of charging, the meaning of accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

These Regulations amend regulation 2 of the principal Regulations to increase the thresholds below which certain care is not to be charged for (regulation 2).

In respect of personal care, personal support and care of a kind mentioned in schedule 1 to the 2002 Act, the first £163 is not to be charged for (up from £159). Regulation 3 of the principal Regulations provides that the requirement not to charge for these types of care is only in respect of persons aged 65 or over.

In respect of nursing care, the first £74 is not to be charged for (up from £72).

No Business and Regulatory Impact Assessment has been prepared in respect of these Regulations.