Carers (Scotland) Act 2016 Terminal Illness Directions: letter from Minister for Mental Wellbeing and Social Care

Letter sent by the Minister for Mental Wellbeing and Social Care Kevin Stewart about the Carers (Scotland) Act 2016 Terminal Illness Directions.

This letter is to highlight new legal duties in relation to unpaid carers who support people with terminal illness. These duties are in The Carers (Scotland) Act 2016 (Adult Carers and Young Carers of Terminally Ill Persons: Timescales for Adult Carer Support Plans and Young Carer Statements etc.) Regulations 2021(SSI 133/2021) (the Regulations) and in the Directions attached to this letter. Both come into force on 31 July 2021.

The Regulations set timescales for preparation of adult carer support plans and young carer statements. They were approved by the Scottish Parliament in March this year and come into force on 31 July 2021. The Directions set timescales for offering carers an adult carer support plan or young carer statement. They are attached to this letter and can also be accessed through these links : Carers (Scotland) Act 2016 - Directions (Integration Authorities) and Carers (Scotland) Act 2016 - Directions (Local Authorities).

In order to support implementation of the Regulations and Directions, we updated the Carers (Scotland) Act 2016, Statutory Guidance. We published the updated version on Monday 12 July 2021 and shared previously. Chapter 2 of the Guidance has been updated to reflect the Regulations and Directions (main additions to the document paras 2.1.90 to 2.1.103 and 2.2.123 to 2.2.136). 

We have also taken this opportunity to consolidate the guidance by adding in two elements which had previously been issued separately – Chapter 1 of Part 3 on Local Eligibility Criteria and the examples on waiving of charges at the end of Chapter 3 of Part 3.

I would like to express my thanks to all those involved in the development of these regulations. I am confident that they will deliver timely and effective support to this group of carers, who we all agree are under extreme pressure and require urgent support.

Thank you for everything you do to support individuals and their unpaid carers.

Yours sincerely

Kevin Stewart

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