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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify the circumstances and extent to which a local authority is obliged to waive charges for certain services provided under the Social Work (Scotland) Act 1968, Part II of the Children (Scotland) Act 1995 and section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013. Section 87(1) 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) modifying or adjusting the rates at which payments are made.

These Regulations require local authorities to waive all charges in respect of services provided directly to carers under section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013 or section 22 of the Children (Scotland) Act 1995. Those provisions are concerned with services to unpaid carers who do not provide the care in question under or by virtue of a contract or as a volunteer for a voluntary organisation. The Regulations also require local authorities to waive specified charges in respect of certain services to cared-for persons where those services are provided in connection with services provided directly to such carers.

Question 8: Do you have any comments on the draft Regulations as set out in this Annex A? If so, please use the space below to set out these comments: