Draft Carers (Waiving of Charges for Support) (Scotland) Regulations 2014 A public consultation on draft regulations to accompany the Social Care (Self-directed Support) (Scotland) Act 2013

The Carers (Waiving of Charges for Support) (Scotland) Regulations 2014

7. The Regulations are attached at Annex A. The schedule sets out various types of service^[3] with circumstances in which the local authority is required to waive the charge and the extent to which the charge is to be waived.

8. Local authorities may charge individuals for other services not listed in the Regulations, and do this in accordance with COSLA guidance. However, local authorities are not permitted to charge a service user any more than it appears practicable for him or her to pay.

9. Within the schedule to the Regulations:

• Line 1 means that adult carers will not pay any charge for the support they receive in their own right as an adult carer;
• Line 2 means that young carers will not pay any charge for the support they receive in their own right as a young carer;
• Line 3 deals with the charges that a local authority might otherwise make where it provides a holiday or short break to a cared-for person. It applies only where the holiday or short break is taken together with the carer, and the carer's holiday or short break is support which a local authority has decided to provide to the carer. It means that when adult carers or young carers of adults have a short break or holiday together with the person or persons they care for, then the local authority may not make any charge relating to the extra costs of the short break or holiday incurred because of the particular assessed needs of the cared-for person(s). The remaining costs of the short break or holiday which is provided by the local authority to the cared-for person may be charged for (subject to the rule that local authorities may not charge more than it is practicable for the person to pay). This means that the local authority may make a charge equivalent to the cost that the holiday or short break would have cost if taken by a person without the cared-for person's assessed needs. The cost of the short break or holiday for the carer or young carer herself or himself is waived as set out in Line 1 and Line 2;
• Line 4 means the same as Line 3 except that the cared-for person(s) is a child in need, including a disabled or ill child. In these circumstances, it is very likely that the carer, being an adult, rather than the child would meet the cost of the short break or holiday for the child (except in relation to that part which is exempted from charging);
• Line 5 deals with the charges that a local authority might otherwise make where it provides replacement care when the adult carer or young carer takes a break away from the cared-for person. This applies only when the carer's break is support which the local authority has decided to provide to the carer. The expectation is that, without local authority involvement, another person will provide the replacement care to enable the carer or young carer to have the break away. However, the policy is that in circumstances where there is no other person who will provide the replacement care, the local authority will assesses the individual as requiring replacement care, will provide or arrange the replacement care and will not charge for that replacement care; and
• Line 6 means the same as Line 5 except that the cared-for person is a child in need.

Question 1(a): Is paragraph 9 clear and easy to understand? (please tick)

Question 1(b): Do you agree with the waiving of charging circumstances as set out in paragraph 9? (please tick)

Question 1(c): If you do not agree with the waiving of charging circumstances as set out in paragraph 9, please state your reasons below:

Lines 1 and 2: Examples of support to carers where there will be no charges

10. Under Lines 1 and 2, examples of direct support to carers and young carers where charges will be waived include, but are not limited, to:

• the provision of information and advice, including signposting to other agencies;
• advocacy for carers and young carers;
• emotional support and counselling;
• training for carers and young carers;
• translation and interpretation services;
• support with housework or gardening or other similar activity (see paragraph 11 below);
• cost of taxi fares and driving lessons if special circumstances (see paragraph 12 below); and
• short breaks (see paragraphs 14 to 18)

Question 2(a): Are you content with the examples of support to carers and young carers, as set out in paragraph 10, where charges will be waived? (please tick)

Question 2(b): If you are not content, please state your reasons below:

Question 2(c): Are there further examples that you would like to add? (please tick)

Question 2(d): If there are further examples that you would like to include in the list, please state these below and also set out your reasons for suggesting their inclusion.

11. Sometimes local authorities provide direct payments to service users who have carers so that the service users can purchase help with housework and gardening. It is also entirely reasonable to provide this type of support directly to carers so that the carer, for example, has more time to provide personal care to the cared-for person. When the support is provided directly to carers, it will be free of charge.

12. It might be decided following a carer's assessment that the local authority will provide the carer with financial support to help pay for taxi fares. This might be in the following circumstances, for example:

• where the carer who lives in a remote part of Scotland can't rely on the public bus service to take him or her to and from the art class held in the primary school on the other side of the peninsula; or
• where the carer can't drive a car and there is also limited public transfer. The carer uses the taxi to take the cared-for person to hospital appointments.

13. It might similarly be decided following a carer's assessment that it would be helpful for the carer to be able to drive a car and that the local authority will provide support in the form of driving lessons up to an agreed financial limit. The Scottish Government would expect that this type of support, both driving lessons and use of taxis, will be very much the exception, but for very good reasons, rather than the norm.

Question 3(a): Do you agree with the exceptional circumstances set out in paragraphs 12 (with examples) and 13 about support to carers to help pay for driving lessons and taxi fares? (please tick)

Question 3(b): If you do not agree, please state your reasons below: