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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 3: Support from someone in the family

This Part is about the support that a person can get and when they can employ a family member. It applies to disabled people, or any child or adult who uses a direct payment for their care and support.

Rule 8: Part 3 is not about direct payments for adult carers or young carers.

Rule 9: When a family member can give support

There are extra rules if a direct payment is used to get support from a family member.

A family member can only provide support if:

  • The person and the family member agree that the family member should give the support
  • The family member is able to provide support that will meet the person’s needs

Two people standing

One of the following things must also be true:

  • There are hardly any local care organisations that can meet the person’s needs
  • The person does not like strangers
  • The person finds it hard to communicate with other people
  • The family member can give support at times when it would be difficult for others to do this
  • The person needs support to care for parts of their body and it is better if this care is given by someone in their family
  • The person would prefer someone with the same religion or beliefs to provide the care
  • The person has an illness that means they will die and they need care for the last months of their life
  • The person needs care for just a short time
  • There are other reasons why the council thinks it would be better if a family member provides the care and support.

Two people standing either side of someone in a wheelchair

Who counts as a family member

The family member can be:

a) The husband, wife or civil partner of the person
b) Someone who lives with the person as if they were husband, wife or partner.
c) It can also be the person’s

  • Parent
  • Child
  • Brother or sister
  • Aunt or uncle
  • Nephew or niece
  • Cousin
  • Grandparent
  • Grandchild
  • Or a husband, wife or partner of anyone above
  • Or a person who lives with anyone above as if they were husband, wife or partner.

4 people sitting on a green couch

Rule 10: When a family member cannot provide support

Sometimes a family member cannot provide support – even if they fit the rules above.

The council may decide that the person or the family member is not making a free choice about the support but feels they have to agree to it.

Sometimes a family member will be the person’s guardian or will have a power of attorney (a legal paper) that means they can make decisions about the person’s support. Then, the family member cannot provide the support.

Question 2: What do you think?

Tell us what you think about the rules in Part 3 about when you can and cannot use a direct payment to employ a family member to give support.

Contact

Email: Adam Milne

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