The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2010

JurisdictionScotland
CitationSSI 2010/117
Year2010

2010 No. 117

Social Care

The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2010

Made 16th March 2010

Coming into force 1st April 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1(2)(a), 2 and 23(4) of the Community Care and Health (Scotland) Act 20021and all other powers enabling them to do so.

In accordance with section 23(3)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2010 and come into force on 1st April 2010.

S-2 Amendment of the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002

Amendment of the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002

2.—(1) The Community Care (Personal Care and Nursing Care) (Scotland) Regulations 20022are amended in accordance with paragraph (2).

(2) In regulation 2 (accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003)

(a)

(a) in paragraph (a), for “£153” substitute “£156”; and

(b)

(b) in paragraph (b) for “£69” substitute “£71”.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th March 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 1(1) of the Community Care and Health (Scotland) Act 2002 (“the 2002 Act”) provides that local authorities are not to charge for certain types of social care provided or secured by them. Regulation 2 of the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 (“the principal Regulations”) qualifies that by modifying, for the purpose of charging, the meaning of accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

These Regulations amend regulation 2 of the principal Regulations to increase the thresholds below which certain care is not to be charged for (regulation 2).

In respect of personal care, personal support and care of a kind mentioned in schedule 1 to the 2002 Act, the first £156 is not to be charged for (up from £153). Regulation 3 of the principal Regulations provides that the requirement not to...

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