Part 4 to schedule 1 of the Coronavirus (Scotland) (No. 2) Act 2020 (‘the 2020 Act’) sets out that the Scottish Ministers must establish and maintain the Fund. The Social Care Staff Support Fund (Coronavirus)(Scotland) Regulations 2020 (‘the 2020 Regulations’) makes provision for the establishment, maintenance and administration of the Fund.
Self-isolation or household isolation means staying at home to stop the spread of cornavirus. Guidance on who should isolate, when and for how long can be found on NHS Inform.
Expected income is regarded as the greater amount of the pay someone would have received under their contract, or a week’s pay as defined in section 62 of the Employment Rights Act 1996.
Period when the Fund is active
The period when the Fund is active is connected to Part 1 of the Coronavirus (Scotland) (No. 2) Act 2020. Part 1 of the 2020 Act came into force on 27 May 2020 and is due to expire on 30 September 2020. These timescales may change because Scottish Ministers may extend or bring forward the date when the Act or the Fund expire.
This means to receive financial assistance from the Fund, the social care worker must be experiencing financial hardship on or after 27 May 2020. The reason for experiencing financial hardship could be because their income was reduced for a reason relating to coronavirus earlier in the year dating back to 23 March.
Additional information for employers
As set out in regulation 6 of the 2020 Regulations, if an employer has paid out a sum of money to any employee to top up the income to their expected income, that employer is entitled to seek reimbursement of that amount from the Fund. In order to make a claim, an employer of a relevant social care worker must provide satisfactory evidence to the Scottish Ministers, or those who are administering the Fund on their behalf, that all of the criteria in regulation 6(2) have been met. This includes verification of the fact that any relevant social care worker meets the conditions set out in regulation 3.
An employer is not entitled to seek the reimbursement of any costs from the Fund to the extent that it has received any payments or funding from any other public body or person designed to reimburse them for that amount.