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

Additional consultation questions

Direct payments, individual services funds and support to children in need under Section 22 of the Children (Scotland) Act 1995 - the duty to impose the 4 options of self-directed support applies to any support provided under Section 22 of the Children (Scotland) Act 1995. Section 22 covers a wide range of support - the Scottish Government invites your views on whether there should be any exceptions to the rule to offer the full range of choices. Any restrictions on choice should be fully justified.

Question 6: The draft Regulations do not specify circumstances where the direct payment option should be unavailable for care and support to children/families. Should there be specific restrictions on choice of support in relation to children/families support (i.e. support provided under Section 22 of the Children (Scotland) Act 1995) and should these restrictions apply to the direct payment only, or to other options as well?

Question 7: Do you have any further comments on the draft Regulations?

For example, are there any gaps in terms of the topics covered by the Regulations? Are there any major changes that you would recommend? Are there any topics that are more appropriate for statutory guidance rather than Regulations?

The costs and benefits arising from the Regulations

Question 8 : Do you have any comments on the financial costs or benefits of the Regulations?

Can you identify any financial costs or benefits to individuals, local authorities, health boards, providers or any other person or organisation affected by the Regulations. In considering the costs and benefits you may wish to consult the Business Regulatory Impact Assessment published for the Social Care (Self-directed Support) (Scotland) Act available at the following hyperlink:
http://www.scotland.gov.uk/Publications/2012/03/5525

We plan to update the BRIA in light of the comments and information from this consultation.

The equality and human rights impacts of the Regulations

Question 9 (a): Do you have any views on the impact of the Regulations on any or all of the following equality categories:

i) age;
ii) disability
iii) gender;
iv) lesbian, gay, bisexual and transgender;
v) race, and;
vi) religion and belief

By "equality impacts" we mean whether or not, and in what ways, the Regulations will affect certain groups, and whether they will impact on those groups in a positive or a negative way. In considering the impacts you may wish to consult the Equality Impact Assessment published for the Social Care (Self-directed Support) (Scotland) Act 2013, available at the following hyperlink: http://www.scotland.gov.uk/Publications/2012/03/9876

We plan to update the Equality Impact Assessment in light of this consultation.

Question 9 (b): Do you have any views on the impact of the Regulations on human rights?

For more information about human rights please see the Scottish Human Rights Commission's website at:
http://www.scottishhumanrights.com/abouthumanrights/whatarehumanrights