EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations oblige a local authority to waive charges for services provided under section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013 and services provided to young carers under section 22 of the Children (Scotland) Act 1995. Section 87(1) of the Social Work (Scotland) Act 1968 allows a local authority to make charges in respect of services provided under those enactments. However, the power to charge is subject (among other things) to regulations made under section 87(5) waiving payments in specified circumstances.

Regulation 4 amends the Self-directed Support (Direct Payments) Regulations 2014 so that a local authority may not carry out a means test or require a direct payment user to make a contribution where the direct payment relates to support to adult or young carers under those enactments.

No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations.