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

Short Breaks (Respite)

14. It could be agreed through the carer's assessment that the carer or young carer will benefit from a short break or breaks away from the person they care for and that the local authority will provide support in that form. In these circumstances the whole cost of the short break or breaks provided or arranged by the local authority and taken by the carer or young carer will be met by the local authority. Examples of short breaks in these circumstances include holidays, invitations to weddings and swimming lessons.

15. Where it is agreed through the carer's assessment that the carer will benefit from, for example, weekly meetings with friends, and that the local authority will provide support in that form, the cost of any transportation involved (including taxi fares in the circumstances set out in paragraph 12 above) would be met by the local authority.

Question 4(a): Do you agree with the waiving of charges as set out in paragraphs 14 and 15 with regard to short breaks? (please tick)

Question 4(b): If you do not agree, please set out your reasons below:

Lines 3 and 4: Breaks or holidays together

16. Where the short break to be provided by the local authority is a holiday for the carer or young carer and cared-for person(s) together the local authority would meet the full cost of the holiday for the carer or young carer (Lines 1 and 2). Moreover, the additional costs of the holiday to enable the holiday to take place would be met by the local authority. The additional costs would include, for example, the cost of specialist equipment, agency care input, a larger more accessible room and specialist transport. Other than meeting the additional costs of the holiday, the local authority would be entitled to charge for the costs of the holiday for the cared-for person(s) in accordance with the normal guidance, irrespective of whether the
cared-for person(s) is an adult or child. This is subject to the general rule in section 87(1A) of the 1968 Act that a local authority may not charge a service user any more than it appears practicable for him or her to pay.

Question 5(a): Do you agree with the position set out in paragraph 16 that when the carer and cared-for person take a break together, then as well as waiving the cost of the break for the carer, the additional costs of the break to enable the break to take place will also be met by the local authority? (please tick)

Question 5(b): If you do not agree, please state your reasons below:

Lines 5 and 6: Replacement Care

17. In order for carers or young carers to have a break away from their caring role without the cared-for person, then replacement care is often required. This replacement care enables the cared-for person to remain at home without the carer or young carer. In such circumstances, the expectation is that the replacement care will normally be provided by friends, relatives or neighbours.

18. Only where other people such as friends, relatives, neighbours or indeed, volunteers are not available to provide replacement care free of charge would the Scottish Government expect local authorities to decide to provide or commission replacement care. In those circumstances, the local authority must waive the whole of the charge. The circumstances where the local authority would step in are very likely to include those of social isolation where there is no one known to the carer, young carer or cared-for person. Some cared-for persons would not in any event be charged for the replacement care services because the local authority's financial assessment would exclude charging people in receipt of a certain level of income. The primary consideration though is social isolation rather than economic circumstances although in some cases the carer and cared-for person will be both socially isolated and in receipt of a low level of income. In circumstances of social isolation, the Scottish Government would expect that common sense would prevail and that there would be no lengthy or complicated assessment arrangements for the cared-for person.

Question 6(a): Do you agree with the position set out in paragraphs 17 and 18 that local authorities will waive the cost of replacement care when they provide or commission replacement care in circumstances when others cannot provide replacement care free of charge? (please tick)

Question 6(b): If you do not agree with the position, please set out your reasons below: