30 December 1983

Dear Sir/Madam

HEALTH AND SOCIAL SERVICES AND SOCIAL SECURITY ADJUDICATIONS ACT 1983: CHARGES FOR LOCAL AUTHORITY SERVICES IN SCOTLAND, CONTRIBUTIONS IN RESPECT OF CHILDREN IN CARE AND CONSEQUENTIAL REPEALS OF EXISTING ENACTMENTS

Summary

1. This Circular advises local authorities that sections 18 and 19 of the Health and Social Services and Social Security Adjudications Act 1983, which amend the legislation relating to charges for certain local authority services and contributions in respect of children in care, together with certain repeals of existing enactments detailed in section 30(1) and Part I of Schedule 10 of the 1983 Act, are brought into force on 1 January 1984 by virtue of the Act’s Commencement No 1 Order 1983 made on 5 July 1983.

2. Circular No SWSG6/83, issued on 27 July 1983, described the provisions of the 1983 Act and the proposed timetable for implementation. This Circular gives a further brief explanation of those provisions which come into force on 1 January 1984 and should be read in conjunction with Circular No SWSG6/83 and Annex A thereto.

Children (Scotland) Act 1995

3. The Children (Scotland) Act 1995 amends the provisions in the Social Work (Scotland) Act 1968 which this circular refers to. Revised guidance will be produced on the commencement of the relevant provisions.

Charges for Local Authority Services in Scotland

4. Section 18 sets out the basis on which local authorities may charge for certain services provided under the Social Work (Scotland) Act 1968 and substitutes two new subsections for section 87(1) of the 1968 Act. These new subsections provide that any charge made should be reasonable in the authority’s view and that any person who can satisfy the authority that he cannot pay the normal charge for a service of which he has availed himself should only pay what the authority considers he can afford. The new provisions are permissive and are described in detail in paragraphs 39 and 40 of Annex A to Circular No SWSG6/83. They embrace all local authority services provided under the 1968 Act, other than the provision of accommodation and services in respect of children in care. The new provisions do not require authorities, in determining a reasonable charge, to have specific regard either to the

cost of the service or to the means of the person required to pay for that service. Nevertheless, such consideration among others will no doubt be taken into account by authorities in determining what level of charge would be reasonable. The new provisions do not require a means test to be applied to every person charged.

Contributions in Respect of Children in Care

5. Section 78 of the 1968 Act defines the circumstances in which contributions may be recovered by local authorities from a child in care or from his parents. Section 19(6)(a) of the 1983 Act amends Section 78(1) of the 1968 Act so as to make all young people in care who have reached the age of 16 liable for contributions towards their maintenance. Young people receiving Supplementary Benefit, Unemployment Benefit or allowances under Youth Training Schemes, will be liable for some contributions towards their keeping in line with their counterparts who are in paid employment. Section 19(6)(b) of the 1983 Act introduces a new subsection (2A) to Section 78 of the 1968 Act to exempt parent(s) from all liability to make contributions where they are in receipt of Supplementary Benefit or Family Income Supplement.

6. Section 19(7) of the 1983 Act inserts a new section 78A into the 1968 Act and sets out the basis on which local authorities may assess an appropriate contribution which they may seek to recover in certain circumstances in respect of children in care or under their supervision. The charging provisions of section 87 of the 1968 Act, as amended by Section 18 of the 1983 Act, do not therefore apply to the provision of services under the 1968 Act for such children.

7. The new section 78A gives authorities power not to seek a contribution, to seek a contribution based on individual assessment or to seek a standard contribution. Further details are given in paragraph 43 of Annex A to Circular No SWSG6/83. Where authorities do decide to seek a contribution, the amount of any contribution to be recovered has to be reasonable. In assessing any contribution to be recovered authorities will no doubt include in the considerations which they take into account the cost of the service and the ability of the individual contributor to pay. Whether the local authority’s assessment is reasonable would be subject to consideration by the Sheriff on an application to him by the authority for a contribution order under section 80(1) of the 1968 Act.

Repeals of Existing Enactments

8. Section 30(1) and Part I of Schedule 10 repeal various existing enactments. Further details were given in paragraph 49 of Appendix A to Circular No SWSG6/83.

General Guidance

9. As stated in paragraph 13 of Circular No SWSG6/83, the Convention of Scottish Local Authorities agreed to prepare guidance for authorities on the exercise of their powers under sections 18 and 19 of the 1983 Act.

10. The implementation of sections 18 and 19 of the 1983 Act is not expected to result in direct manpower or financial consequences for local authorities.

11. Any general enquiries about the terms of this Circular should be directed to

Mr M J Hunter, Social Work Services Group, Room 41, James Craig Walk, Edinburgh EH1 3BA (telephone 0131 244 5479).

Yours faithfully

J W SINCLAIR