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Scottish Statutory Instruments

2000 No. 183

SOCIAL WORK

The Community Care (Direct Payments) (Scotland) Amendment Regulations 2000

Made

13th June 2000

Laid before Parliament

15th June 2000

Coming into force

7th July 2000

The Scottish Ministers, in exercise of the powers conferred upon them by section 12B(1)(b) and (6) of the Social Work (Scotland) Act 1968(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Community Care (Direct Payments) (Scotland) Amendment Regulations 2000 and shall come into force on 7th July 2000.

Amendment of The Community Care (Direct Payments) (Scotland) Regulations 1997

2.  In regulation 2(2) of The Community Care (Direct Payments) (Scotland) Regulations 1997 Regulations(2) (persons to whom direct payments may be made), sub-paragraph (a) is omitted.

IAIN GRAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th June2000

Explanatory Note

(This is not part of the Regulations)

The Community Care (Direct Payments) Act 1996 amended the Social Work (Scotland) Act 1968 (“the 1968 Act”) to insert new sections 12B and 12C and to make consequential amendment to section 13, with the effect of enabling local authorities responsible for providing (or arranging the provision of) community care services, to make direct payments to persons in respect of their securing the provision of such services.

The Community Care (Direct Payments) (Scotland) Regulations 1997 (“the 1997 Regulations”) specify the persons to whom direct payments may be made under the Act. The description of persons so specified excludes any person who is aged 65 or over, unless he received a direct payment in the year before he attained the age of 65.

These Regulations amend the 1997 Regulations so that the persons to whom direct payments may be made under the 1968 Act may include persons aged 65 or over.

(1)

1968 c. 49. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c

(2)

S.I. 1997/693.