Self-directed Support: Draft Regulations, Draft Rules for Direct Payments - Easy-read Summary

An easy-read summary of the draft regulations that accompanies the Social Care (Self-directed Support) (Scotland) Act 2013.

Part 2: Getting a direct payment

A direct payment is used by a person to buy the support they need.

Rule 3: Checking what people can pay towards support

The local council can check if a person can pay some money towards the cost of their support. It must carry out this check before the person gets a direct payment or as soon as possible afterwards.

Once it has done the check, the council may ask the person to contribute (pay something) towards the direct payment.

If the person already has their direct payment, and then needs to pay something towards their support, the council can ask the person to repay part of the direct payment.

There are also rules for Carers Support and charges. This means that some people may not have to pay towards their support.

Money with an arrow

Rule 4: How much people will get

If a person has to pay something towards the cost of their support, the council will take this money off the person’s direct payment.

This means the council will keep part of the direct payment and give the person a smaller direct payment. The person will have to add some money to it for their support.

The person can choose to have the whole of the direct payment paid to them. Then the person will have to pay their contribution for their support to the council.

Rule 5: Getting a direct payment in parts

The local council can pay a direct payment to a person a bit at a time.

Rule 6: Paying the direct payment to someone else

The local council can pay the direct payment to someone else if:

  • The person asks the council to pay it to another person
  • The council is happy that the person is still in control of the money and how it is used.

Money being taken out of a wallet

Rule 7: Stopping a direct payment

The local council can stop the direct payment if:

  • The person stops being eligible for a direct payment
  • The money has not been used for support but for something else
  • The money has been used to buy support from a family member and this is not allowed.

Before it stops the direct payment, the council must tell the person that it is going to do this and why.

It must also tell the person the date when the direct payment will stop. When it decides the date, the council must think about:

  • any legal arrangements the person has for support
  • how much time the person will need to arrange other support.

The council must tell the person in writing and in any other format that the person needs.

Question 1: What do you think?

Tell us what you think about the rules in Part 2 for

  • Checking how much someone can pay towards their support
  • Paying the direct payment
  • Stopping the direct payment


Email: Adam Milne

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