The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations [draft] was laid before the Scottish Parliament 24 January 2019 and referred to the Heath and Sport Committee

The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations [draft] is subject to affirmative procedure (Rule 10.6). It is for the Health and Sport Committee to recommend to Parliament whether the Regulations should be approved.

These Regulations are made under the Community Care and Health (Scotland) Act 2002 (“the 2002 Act”) which, together with the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 (“the principal Regulations”), provides that local authorities are not to charge for certain types of social care provided or secured by them. Regulation 2 of the principal Regulations modifies, for the purpose of charging, the meaning of accommodation provided under the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003

These Regulations amend regulation 2 of the principal Regulations to increase the thresholds below which certain care is not to be charged for (regulation 2)

In respect of personal care, personal support and care of a kind mentioned in schedule 1 of the 2002 Act, the first £177 is not to be charged for (up from £174). For these purposes, “personal care” and “personal support” have the same meaning as in paragraph 20 of schedule 12 of the Public Services Reform (Scotland) Act 2010.

In respect of nursing care, the first £80 is not to be charged for (up from £79)

No Business and Regulatory Impact Assessment has been prepared in respect of these Regulations on the basis that there is no foreseeable impact on business, charities or voluntary bodies.

The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 5 February 2019. The Committee determined that it did not need to draw the attention of the Parliament to this instrument on any grounds within its remit.

Delegated Powers and Law Reform Committee, 8th report, 2019 (Session 5)

At the Health and Sport Committee’s fifth meeting on 19 February 2019, the Committee took evidence on the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2019 [draft] from –

• Jeane Freeman, Cabinet Secretary for Health and Sport;

• Mike Liddle, Adult Social Care Policy, Scottish Government; and

• Anne Mathie, Solicitor, Legal Directorate, Scottish Government.

Motion S5M-15752 was lodged by Jeane Freeman, Cabinet Secretary for Health and Sport and supported by Clare Haughey, Minister for Mental Health and Joe FitzPatrick, Minister for Public Health, Sport and Wellbeing. Following the evidence session, Jeane Freeman moved motion S5M-15752

That the Health and Sport Committee recommends the Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2019 [draft] be approved.

The motion was agreed to without division.

The evidence taken and the debate held can be found in the Official Report for 19 February 2019.