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

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19. The support to carers which will not be charged for will be agreed following the carer's assessment. Any further support not to be charged for will also be agreed through revisiting the carer's assessment. If carers want to supplement the agreed level of support they will receive from the local authority with more support (for example, another holiday) and are willing to pay for that support themselves, then that is a matter entirely for the individual carer. Any replacement care which the local authority provides to the cared-for person while the carer is away on an additional holiday may be charged for. This is because it will not fall within the circumstances set out in lines 5 and 6.

20. Charges will not be made for support provided to carers either directly by local authorities or commissioned by the local authority through other statutory, independent and Third Sector bodies.

21. There are circumstances where individuals who are carers can be charged but these circumstances are not related to their role as carers. Therefore, where individuals are in receipt of services themselves because they are service users (as well as having a caring role) local authorities' financial assessment and charging policies apply. Moreover, some local authorities also take the income of partners, which can include carers, into account when reaching decisions on the charging of services such as the provision of meals, housework support and care support to service users. This too is outwith the scope of the Regulations and the Guidance.

Question 7: Do you have any additional comments? If so, please use the space below to provide these further comments. Local authorities may wish to comment on any financial consequences arising from the Regulations. If so, please set out estimates of anticipated support to be provided to carers and cost estimates.

Question 8 at end of Draft Regulations in Annex A attached.