Social Work (Scotland Act 1968, Sections 12B and 12C - Direct Payments Draft Policy and Practice Guidance

Section 7 of the Community Care and Health (Scotland) Act 2002 introduces a number of provisions, which amend section 12B of the 1968 Act. These provisions will help make direct payments more widely available and increase take up amongst people who use community care and children's services.

New provisions commencing on 1 June 2003

From 1 June 2003 local authorities can no longer choose whether or not to make direct payments available to disabled people and children who live in their area. Instead that discretion is replaced by a duty to offer direct payments to all who are potentially eligible (as defined by the Community Care (Direct Payments) Scotland Regulations 1997, as amended) to receive them. In essence this means that local authorities can no longer choose to make direct payments available only to certain groups of disabled people nor can they make them available only for certain services.
To receive direct payments consent must be given. Where it is clear that the person who requires the services is unable to give the consent required, an attorney or guardian, given specific powers to receive direct payments, may give that consent instead. In the case of a disabled child (under the age of 18) who requires services, the parent or a person with parental responsibility for the child, can give that consent.
Direct payments recipients can purchase the services they require from any local authority.
Direct payments can be made on a 'net' or 'gross' basis. Where they are made on a gross basis the local authority now has a legal mechanism for recovering any amount an individual has been assessed as being able to contribute.

New provisions commencing on 1 April 2004

From 1 April 2004 direct payments will be extended beyond disabled people to all community care and children's services client groups (with the exception of certain groups of people who may be excluded by regulations). This will make direct payments available to people who need community care services because of frailty as well as people covered by the 'Supporting People' initiative e.g. women fleeing domestic abuse, people recovering from drug or alcohol problems, homeless people.
This guidance does not give advice on how a local authority might implement this provision. Further guidance will be issued in March 2004.

The Scottish Government