The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2011

JurisdictionScotland
CitationSSI 2011/230

2011 No. 230

Social Care

The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2011

Made 17th March 2011

Coming into force 1st April 2011

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 2011 and come into force on 1st April 2011.

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 as follows.

(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 “£156” substitute “£159”; and

(b)

(b) in paragraph (b), for “£71” substitute “£72”.

S ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th March 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Community Care and Health (Scotland) Act 2002 (“the 2002 Act”) which, together with the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 (“the principal Regulations”), provides that local authorities are not to charge for certain types of social care provided or secured by them. Regulation 2 of the principal Regulations modifies, 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 £159 is not to be charged for (up from £156). Regulation 3 of the principal Regulations provides that the...

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