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

Circumstances where direct payments are not available

6. Part 4 within the Regulation lists people who are not eligible for direct payments. In addition it lists a range of services that are not appropriate for direct payments. The effect of Part 4 (read with the 2013 Act) is that it removes the obligation on the relevant professionals to offer the direct payment option in relation to certain individuals and in relation to certain circumstances.

Regulation 11: People who are not eligible for direct payments

7. Regulation 11 provides a list of people who, because they are subject to a particular criminal justice order, are deemed to be ineligible for a direct payment. The list does not include people subject to Compulsion Orders or Compulsory Treatment Orders (as defined in current Direct Payment regulations) - in order words, under the new regulations people who are subject to COs or CTOs will be eligible for direct payments and will have a right to request and receive a direct payment. The list does however include a range of other individuals subject to a range of other orders.

Question 3: What are your views on Regulation 11 which deems individuals who are placed under a variety of criminal justice orders to be ineligible to receive direct payments?

For example, is it appropriate to impose the exclusions listed in Regulation 11? Are there any persons not listed in regulation 11 to whom it would be inappropriate to offer the option of a direct payment?

Regulation 12: Services for which direct payments are not available

8. Regulation 12 deals with particular forms of support. Again, it removes the obligation on the relevant professional to offer a direct payment to the supported person under the specific circumstances provided in the Regulations. The forms of support that would lie out-with the scope of direct payments are:

• support for individuals who are homeless as defined in Part II of the Housing (Scotland) Act 1987;
• support for individuals who are fleeing domestic abuse;
• support for individuals in relation to drug or alcohol dependency;
• the provision of residential accommodation, with or without nursing, for a period in excess of four consecutive weeks in any period of twelve months.

Question 4: What are your views on restricting access to direct payments for those who are homeless, those who are fleeing domestic abuse or those who require support in relation to drug or alcohol addiction?

Question 5: What are your views on restricting access to direct payments in relation to the provision of long-term residential care?

This question was raised during the initial consultations on a draft SDS Bill. The Scottish Government would like to invite detailed views before making a final decision prior to the laying of the Regulations before the Scottish Parliament. Should the restriction be removed from the final regulations, thereby allowing direct payments for residential care? Or should it be retained? Please provide reasons as to your support or opposition to requiring authorities to provide direct payments for residential care.