SWSG Guidance Package Index Ref F2

March 1997

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Chief Executives of Councils
Copy to: Directors of Social Work/Chief Social Work Officers Directors of Finance
Convention of Scottish Local Authorities
Association of Directors of Social Work
General Managers of Health Boards
Appropriate Professional and Voluntary Bodies
Other holders of SWSG Circulars and Guidance Package (circular only) no enclosures.

Dear Colleague

COMMUNITY CARE (DIRECT PAYMENTS) ACT 1996

Summary

1. The Community Care (Direct Payments) Act 1996 ("the 1996 Act") will come into force on 1 April 1997. Enclosed with this circular are -

• an extract copy of the main provisions of the Act as it applies in Scotland;
• a copy of the Community Care (Direct Payments) (Scotland) Regulations 1997; and
• a copy of the policy and practice guidance on direct payments.

The 1996 Act

2. The Scottish provisions of the 1996 Act amend the Social Work (Scotland) Act 1968 by inserting new sections 12B and 12C into the 1968 Act. A copy of these new sections is enclosed with this circular. The 1996 Act contains similar provisions for England and Wales. Separate, but similar, legislative provision is made for Northern Ireland.

3. The 1996 Act also amends section 13 of the 1968 Act by replacing the words "the last foregoing section" with the words "section 12 of this Act". This is a consequential amendment to ensure that the provisions of section 13 continue to relate to section 12 of the 1968 Act.

Regulations

4. The Community Care (Direct Payments) (Scotland) Regulations 1997 will come into force on 1 April 1997. The Regulations specify the eligible group who will be able to receive direct payments, the group of people for whom direct payments may not be used to secure a service, and the maximum period of residential accommodation which may be purchased using direct payments. A copy of the Regulations is enclosed.

Policy and Practice Guidance

5. A copy of the policy and practice guidance on direct payments also accompanies this circular. The policy guidance is issued under section 5(1) of the Social Work (Scotland) Act 1968 which local authorities are required to act under in the exercise of their social work functions. It sets out the Government’s view of what local authorities should be doing when implementing the 1996 Act. The practice guidance contains advice on good practice which local authorities may wish to consider when implementing the Act. The policy and practice guidance are contained in one publication and should be read together.

Contact Point

6. Enquiries about this circular should be addressed to Andrew McNaughton

(Tel: 0131-244-5454) at the above address.

Note

7. Copies of the enclosures to this circular are available to other interested parties by contacting Carol-Ann Gray (Tel: 0131-244-5409) at the above address.

Yours faithfully

G A ANDERSON