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CIRCULAR NO: SWSG3/97: SWSG Guidance Package Index Ref F2

Further information

Lothian Centre for Integrated Living
8 Lochend Road
Edinburgh
EH6 8BR
(Telephone: 0131 553 6999).

Centre for Independent Living
117-127 Brook Street
Bridgeton.
Glasgow
G40 3AP
(Telephone: 0141 550 4455).

National Centre for Independent Living
250 Kennington Lane
London
SE11 SPD
(Telephone: 0171 587 1663).

Local authorities may also find the following publications useful sources of additional information:

• Cashing in on Independence: comparing the costs and benefits of cash and services Gerry Zarb and Pamela Nadash, pub. British Council of Disabled People.
• Commissioning Independent Living: a guide to developing personal assistance schemes and support services E d'Aboville, pub. King's Fund.
• Devising and resourcing personal care packages Flora Gathorne-Hardy, pub. The Disablement Income Group.
• Facilitating and supporting independent living: a guide to setting up personal assistance support schemes Fidelity Simpson with Jane Campbell, pub. The Disablement Income Group.
• Recruiting and employing a care worker -The Disablement Income Group.
• Controlling your own personal assistance scheme British Council of Disabled People.

New Sections 12B and 12C of the Social Work (Scotland) Act 1968 inserted by the Community Care (Direct Payments) Act 1996

Direct payments in respect of community care services.

12B.- (1) Where, as respects a person in need

(a) a local authority have decided under section 12A of this Act that his needs call for the provision of any service which is a community care service within the meaning of section SA of this Act, and

(b) the person is of a description which is specified for the purposes of this subsection by regulations,

the authority may, if the person consents, make to him, in respect of his securing the provision of the service, a payment of such amount as, subject to subsection (2) below, they think fit.

(2) If

(a) an authority pay under subsection (1) above at a rate below their estimate of the reasonable cost of securing the provision of the service concerned, and
(b) the person to whom the payment is made satisfies the authority that his means are insufficient for it to be reasonably practicable for him to make up the difference,

the authority shall so adjust the payment to him under that subsection as to avoid there being a greater difference than that which appears to them to be reasonably practicable for him to make up.

(3) A payment under subsection (1) above shall be subject to the condition that the person to. whom it is made shall not secure the provision of the service to which it relates by a person who is of a description specified for the purposes of this subsection by regulations.

(4) Regulations may provide that the power conferred by subsection (1) above shall not be exercisable in relation to the provision of residential accommodation for any person for a period in excess of such period as may be specified in the regulations.

(5) If the authority by whom a payment under subsection (1) above 15 made are not satisfied, in relation to the whole or any part of the payment

(a) that it has been used to secure the provision of the service to which it relates, or
(b) that the condition imposed by subsection (3) above, or any condition properly imposed by them, has been met in relation to its use,

they may require the payment or, as the case may be, the part of the payment to be repaid.

(6) Regulations under this section shall be made by the Secretary of State and may

(a) make different provision for different cases; and
(b) include such supplementary, incidental, consequential and transitional provisions and savings as the Secretary of State thinks fit.

Further provisions relating to direct payments

12C.-(1) Except as provided by subsection (2) below, the fact that a local authority make a payment under section 12B(l) of this Act shall not affect their functions with respect to the provision of the service to which the payment relates.

(2) Subject to subsection (3) below, where an authority make a payment under section 1 2B(l) of this Act they shall not be under any obligation to the person to whom it is made with respect to the provision of the service to which it relates as long as they are satisfied that the need which calls for the provision of that service will be met by virtue of the person's own arrangements.

(3) The fact that an authority make a payment under section 12B(l) of this Act shall not affect their functions under section 12 of this Act in relation to the provision, to the person to whom the payment is made, of assistance, in exceptional circumstances constituting an emergency, in cash in respect of the service to which the payment under section 12B(l) relates.

COMMUNITY CARE (DIRECT PAYMENTS)(SCOTLAND) REGULATIONS 1997
COPIES HAVE NOT YET BEEN RECEIVED FROM THE PARLIAMENTARY PRINTERS. A COPY WILL BE SENT TO YOU AS SOON AS POSSIBLE.

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