Community Care and Health (Scotland) Act 2002
| Jurisdiction | Scotland |
personal care as defined in F29paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8) ;personal support as so defined;whether or not such personal care or personal support, care of a kind for the time being mentioned in schedule 1 to this Act; orwhether or not from a registered nurse, nursing care.by regulations qualify the requirements of subsection (1) above in such way as they think fit;by order amend schedule 1 to this Act.(3) In paragraph (d) of subsection (1) above, “nursing care” does not include such social care as falls within any of paragraphs (a) to (c) of that subsection.to charge; ornot to charge,take into account;not take into account,where a requirement is made under paragraph (a) (ii) above, qualify that requirement in such way as they think fit.specify, as a factor which the authority must take into account by virtue of paragraph (b) of that subsection, the maximum amount which may be charged for the social care in question or for that and such other social care (being social care provided to the same person by the authority) as may be specified in the regulations; orprovide that a person who, in such manner and by reference to such factors as may be specified in the regulations, is assessed by the authority as unable to pay the amount falling to be charged by virtue of that paragraph is required to pay only so much as appears from the assessment to be reasonably practicable for that person.(6) In section 87 of the 1968 Act (charges that may be made for services and accommodation) , after subsection (1A) there is inserted the following subsection—For the purposes of the definition of “social care” in section 22(1) and (2) of this Act, of sections 22 (charges to be made for accommodation) , 26 (provision of accommodation in premises maintained by voluntary organisations) and 65 (general provisions as to application to Scotland) of the 1948 Act and of In section 12 of the 1968 Act (general social welfare services of local authorities) , for subsections (3A) and (3B) there is substituted— as may be prescribed; oras is determined by them in such a way as may be prescribed,An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.A statutory instrument made in exercise of the power conferred by paragraph (a) or (b) of subsection (3A) of this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
- “(1B) Subsections (1) and (1A) above do not apply as respects any amount required not to be charged by subsection (1) of section 1 of the Community Care and Health (Scotland) Act 2002 (asp 5) (charging and not charging for social care) or required to be charged or not to be charged by virtue of subsection (4) of that section.
- “(3A) In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources—
- (a) as may be prescribed; or
- (b) as is determined by them in such a way as may be prescribed, and any order made by virtue of this subsection may make different provision for different cases and for different persons.
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