Draft Self-directed Support (Direct Payments) (Scotland) Regulations 2013

Provision of support by family members (Part 3 of the Regulations)

4. Part 3 of the Regulations sets out appropriate and inappropriate circumstances where the supported person, carer and professional are considering the option of employing a close relative as a personal assistant. This Part of the Regulations applies to the use of direct payments by disabled or cared-for adults and children. The rules do not apply to the use of direct payments made to adult or young carers.

5. The Regulations seek to provide a balanced framework for decision-making in relation to this complex and important question. Regulation 9 provides a list of circumstances in which family members may be employed - regulation 9(3)(i) is intended to give professionals the discretion to allow employment in circumstances other than those specifically listed where he or she considers it appropriate. It is important to note that a family member can only be employed in these circumstances if both the family member and direct payment user agree and the family member is capable (on an objective basis) of meeting the direct payment user's needs. By articulating appropriate circumstances, the regulation seeks to encourage professionals to consider the outcomes and potential benefits of such arrangements. However, even if the circumstances fall within regulation 9, a direct payment user cannot employ a family member in the circumstances set out in regulation 10. By providing "exceptions to the family members rule" it seeks to articulate the circumstances where it would be inappropriate for the authority to allow such arrangements.

Question 2: What are your views on Part 3 of the draft Regulations (appropriate/inappropriate circumstances for the employment of close relatives)?