The Carers (Scotland) Act 2016 (Transitional Provisions) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make transitional provision in relation to support provided to a person pursuant to a carer’s assessment under section 12AA of the Social Work (Scotland) Act 1968 as a result of the repeal of this section and of section 3 of the Social Care (Self-directed) Support (Scotland) Act 2013 (“the 2013 Act”) by the Carers (Scotland) Act 2016 (“the Act”). They also make transitional provision in relation to services under section 22 of the Children (Scotland) Act 1995 (“the 1995 Act”) where a child has been assessed as in need because of the care that child provides to another person, as a result of the new framework for providing support to young carers under the Act.

Regulation 2 disapplies the duty on a responsible local authority to offer an ACSP and the duty on a responsible authority to offer a YCS to a person who, immediately before the appointed day, is in receipt of support or services pursuant to a carer’s assessment.

Regulation 3 provides that in relation to a person who, immediately before the appointed day, is in receipt of support pursuant to a carer’s assessment, that support must continue to be provided to the person despite the repeal of section 3(4) of the 2013 Act until they are provided with an ACSP, the offer of an ACSP is rejected, or the person no longer needs support.

Regulation 4 provides that in relation to a person who, on the appointed day is in receipt of services pursuant to a carer’s assessment, those services must continue to be provided to the person until they are provided either with a YCS or an ACSP, the offer of a YCS or ACSP is rejected, or the person is no longer in need of services.

Regulation 5 provides that support or services that continue to be provided to a carer pursuant to a carer’s assessment after the appointed day must be kept under review.

Regulation 6 provides that where a local authority which is the responsible local authority in relation to a carer is providing support to that carer by virtue of regulation 3, it must offer that carer an ACSP within 3 years of the appointed day.

Regulation 7 provides that where a local authority which is the responsible authority in relation to a carer is providing services to that carer by virtue of regulation 4, it must offer that carer a YCS within one year of the appointed day.

Regulation 8 provides that where a local authority which is not the responsible local authority in relation to a carer is providing support to that carer by virtue of regulation 3, it must notify the responsible local authority of this fact and the responsible local authority must, subject to regulation 10, offer the carer an ACSP within 3 years of the Act coming into force.

Regulation 9 provides that where a local authority which is not the responsible authority or the responsible local authority in relation to a carer is providing services to that carer under regulation 4, it must notify the responsible authority and, where appropriate, the responsible local authority of this fact and, subject to regulation 11, either the responsible authority must offer a YCS within one year of the Act coming into force or the responsible local authority must offer that carer an ACSP within one year of the Act coming into force.

Regulation 10 provides that where a person is in receipt of services by virtue of regulation 4 from a local authority which is not the responsible authority in relation to that carer but is the responsible local authority for providing support to that carer, then the local authority providing those services must notify the responsible authority in relation to that carer of the fact that it is providing those services and, within a period of one year beginning with the appointed day, the responsible authority must, subject to regulation 12, offer that carer, if they are a young carer, a YCS, or the responsible local authority must, subject to regulation 12, offer that carer, if they are an adult carer, an ACSP.

Regulations 11 and 12 make general transitional provision as to when the duty on a responsible local authority to offer an ACSP applies to an adult carer who, after the appointed day is in receipt of support, and the duty on a responsible authority to offer a YCS applies to a person who, after the appointed day is in receipt of services.

Regulations 13 and 14 provide that the offer of an ACSP or YCS under these Regulations is deemed to be an offer of an ACSP or YCS under section 6(2) or 12(2) of the Act respectively.

Regulation 15 provides that a local authority is not to charge for the support that they continue to provide to a carer under section 3(4) of the 2013 Act or services they provide to a child under section 22 of the 1995 Act after the Act comes into force.

Regulation 16 provides 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 under section 3(4) of the 2013 Act or services under section 22 of the 1995 Act.