Social Care (Self-directed Support) (Scotland) Act 2013

JurisdictionScotland
Part 2 of the 1968 Act (other than the provisions mentioned in subsection (5) ) ,sections 22 F3and 23 of the 1995 Act,this Act.Part 2 or 3 of the Carers (Scotland) Act 2016.the assessment of the person's needs for support or services, andthe provision of support or services for the person.to express any views the person may have about the options for self-directed support, andto make an informed choice when choosing an option for self-directed support.the assessment of the person's needs for support or services, andthe provision of support or services for the person.sections 27 to 27B (which make provision in relation to the supervision and care of persons put on probation or released from prison etc.) ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 29 (local authority's power to make payments to parents etc. in respect of expenses for visiting certain persons and attending funerals) .references to the assessment of a person's needs are references to assessment under section 12A of the 1968 Act F5, section 23(3) of the 1995 Act F6or by virtue of section 8 or 14 of the Carers (Scotland) Act 2016,references to the provision of support for a person are references to the provision of support under F7section 24 of the Carers (Scotland) Act 2016,references to the provision of services for a person are references to the provision of community care services under Part 2 of the 1968 Act or, as the case may be, the provision of services under section 22 of the 1995 Act.(a) that the right to dignity of the person is to be respected,(b) that the person's right to participate in the life of the community in which the person lives is to be respected.
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  • (1) The options for self-directed support are—
    Option 1 The making of a direct payment by the local authority to the supported person for the provision of support.
    Option 2 The selection of support by the supported person, the making of arrangements for the provision of it by the local authority on behalf of the supported person and, where it is provided by someone other than the authority, the payment by the local authority of the relevant amount in respect of the cost of that provision.
    Option 3 The selection of support for the supported person by the local authority, the making of arrangements for the provision of it by the authority and, where it is provided by someone other than the authority, the payment by the authority of the relevant amount in respect of the cost of that provision.
    Option 4 The selection by the supported person of Option 1, 2 or 3 for each type of support and, where it is provided by someone other than the authority, the payment by the local authority of the relevant amount in respect of the cost of the support.
    (2) In this section—
    • direct payment” means a payment of the relevant amount by a local authority to a supported person for the purpose of enabling the person to arrange for the provision of support by any person (including the authority) ,
    • relevant amount” means the amount that the local authority considers is a reasonable estimate of the cost of securing the provision of support for the supported person,
    • “supported person” and “support” are to be construed in accordance with section 5 or, as the case may be, section 7 or 8.
    (1) This section applies where a local authority decides under section 12A(1) (b) of the 1968 Act that the needs of an adult (the “supported person”) call for the provision of community care services (“support”) .(2) The authority must give the supported person the opportunity to choose one of the options for self-directed support unless the authority considers that the supported person is ineligible to receive direct payments.the reason why the authority considers that to be the case, andthe circumstances in which the authority must under section 12 review the question of whether the supported person is ineligible to receive direct

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