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Self Directed Support - make your views known

05 June 2013

The Scottish Government consultation on statutory guidance and regulations to accompany the Social Care (Self-directed Support, Scotland) Act 2013 is currently underway and will close on the 10th July 2013.  We want to hear from carers about their views on proposals!

The Social Care (Self Directed Support) Scotland Act will come into force in April 2014. The Act aims to provide people with more choice and control over how their social care needs are met. It will do this by imposing firm duties on local authorities to provide various options to people who receive care and support, allowing them to choose how much involvement they want in the organisation and design of their support. The Act also makes provisions for carers to receive self-directed support in their own right.

Guidance and regulations accompany all Acts of the Scottish Parliament and give specific instructions and assistance in how to interpret the requirements made in the legislation. The Scottish Government is currently consulting on statutory guidance, regulations and legal duties and powers associated with the SDS Act. 

As well as the statutory guidance, the consultation is also seeking views on regulations which will convey new powers to local authorities that will enable them to provide self-directed support to carers and young carers in their own right. These draft regulations set out the circumstances in which carers cannot be charged for receiving this support. This includes the provision of replacement care to give the carer or young carer a break and any support that may be assessed as required to enable the carer and the person they care for to have a break together.

The Minister for Public Health, in addressing Parliament during the final debate on the Bill, stated that he planned to issue regulations that make it clear that ‘all charges for support to carers should be waived in the whole.’ The publication of these draft Regulations allows us to consider how this commitment will be delivered.

The Scottish Government is also consulting on directions to local authorities about the way that they should approach deciding whether a carer is eligible for a carer’s assessment. At the moment, existing guidance requires carers to be providing care on a ‘substantial and regular’ basis in order to access a carer’s assessment. However, local authorities have been interpreting this in different ways. The aim of the directions is to reinforce existing guidance and to encourage local authorities to adopt a consistent approach to the carrying out of the Carer’s Assessment. This is important because assessments are the gateway to carers being able to access self directed support in their right and they are used to determine the level of support that might be available to a carer.

The National Carer Organisations have produced a Briefing Paper which explains what is being proposed in the Guidance and Regulations.  This can be downloaded below.

What can carers do?

1. Make your views known via our Short Online Survey.  Click here to take part.

2. Respond to the consultation either individually or with other carers, e.g. from your local carers group

3. Write to your MSP:

  • raise any concerns you have over the regulations and/or guidance
  • send them a copy of the briefing paper
  • ask them to support the national carer organisations recommendations and,
  • ensure that guidance and regulations support carers as effectively as possible.  #

Click here to find details of your MSP

More information

You can find information about the consultation via the links below.

Links to consultation documents:

  • The Draft Carers (Waiving of Charges for Support) (Scotland) Regulations that will accompany the Social Care(Self-directed Support) (Scotland) Act 2013  (Click here)
  • The Draft Directions (The Carer’s Assessment (Scotland) Directions 2014) made by Scottish Ministers under section 5(1A) of the Social Work (Scotland) Act 1968 that will accompany the Social Care (Self-directed Support) (Scotland) Act 2013 (Click here)
  • Draft regulations to accompany the Social Care (Self-directed Support) (Scotland) Act 2013 (Click here).
  • Draft statutory guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013 (Click here)
  • Easy Read Guide to the Self Directed Support Act (Click here)
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