There is a series of Acts of Parliament and Amendment Acts that govern
the provision of Care for the Elderly. The list below attempts to
identify them and offers a brief insight into what the Acts cover.
This is an area of ongoing legislation and politicial interest and it
is important that you make use of the Care Bulletin
Board facility to keep up to date with latest developments.
- Registered Homes Act 1984 & Registered Homes
(Amendment) Act 1991
This sets out the conditions under which Residential Homes need to
be registered and inspected, and provides the right of the public to
see the inspection reports.
For all residential homes with the exception of Homes Incorporated
by Royal Charter and those having less than 4 places, the home must be
inspected a minimum of twice per year, one being unannounced. These
homes with the exception of those owned by the Local Authority also have
to be registered by the Local Authority and a list made available to
the public.
The Amendment Act addresses the need for small homes (3 or less
clients) to be registerd and inspectioned but on a much more simplified
process.
- Registered Establishments (Scotland ) Act 1987
This sets out the conditions under which Nursing Homes need to
be registered and inspected by the Local Health Authority and provides
the right for the public to see the inspection reports.
- NHS & Community Care Act 1990 & National Assistance (Assessment of
Resource) Regulation 1992
This is legislation that addresses the overall framework of todays care
in the community. It specifically defines the terms and form of
assessment that the local Authorities will undertake in reviewing a
persons care requirement.
For residential care the act is more definitive on how the act is
applied and what the finanical criteria are. For community care in
your own home the Act offers a framework however there can be significant
variations on how the regulations are interpreted by Local
Authorities.
- National Assistance Act 1948 section 22 & 43 &
Social Work
(Scotland) Act 1968
This relates to the obligation on the Local Authority to carry out
a means test of all income and capital to determine the level of
financial support that can be provided. It also relates to the level
of disregarded capital in the means testing assessment.
Section 43 relates to the "Liable Relative" and the contribution
they may be ask to make toward the care of their husband or wife. In
this section of the act there is no pre-defined formula and the authority cannot insist
on the spouse providing their finanical details.
- Social Security Administration Act 1992 section
106
This relates to "Liable Relative" payments as it effects the
Benefits Agency means tested payments. As in the above case (section
43) the Benefits Agency has no authority to demand income details of
the spouse but they can seek powers to take the maintenance contribution issue to
Court for a ruling on a reasonable level of support payment.
- Carers (Recognition and Services) Act 1995
This allows for the Carer of someone who is being assessed under
the Social Work (Scotland) Act to have themselves assessed in terms of
need and financial support.
- Health and Social Security Services and Social Security
Adjudication Act (HASSASSA) 1983 Section 22 - Residential Accommodation
(Scotland) Order 1993
This defines the Local Authorities right to establishing a charging
order on your property if your capital is tied up in unsold property.
This allows them to take that money that is owed to them from the
proceeds of the property sale, and this can be done without the owners
consent.
- Social Work (Scotland) Act 1968 sections 12 & 59 - Section 12
amended by the Community Care (Residential Accommodation) Act 1998
This covers specifically the provision of community care services
in either the Residental or Nursing Home and defines the Local
Authorities' duty to care assessments.
There are also Government guidance notes that may be of relevance
- Circulars SWSG 5/93 & 6/94
This relates to Direction of Choice in terms of homes you can elect
to enter. You are not bound to select the home that the local
authority suggests, nor does it have to be in the same local authority
area.
- NHS/MEL(1996)22
This relates to the criteria and rules for the provision of
Continuing Health Care.
- CCD2/2000
Provides information on Attendance Allowance and Disability Living
Allowance as it relates to payment to those who are self funding
residential and nursing home care in Scotland.
- Circular SWSG 2/99
Guidance on the rules relating to Local Authority assessment
procedures and timescales.
- SW15/93
Relates to the procedure on Charging Orders that can be place on
property, and although this money is not subject to interest while the
resident is alive, it can be applied immediately on the resident's
death.
The Assessment Procedure
In cases where financial support under the Community Care Provision is
going to be considered, the local Social Work Department will need to
undertake an Assessment under Section 47 of
the NHS Community Care Act 1990. This assessment is to determine the
need, the priority for support, and the ability to pay for the care
package. Such assessments will be carried out by a team of
professionals from Social Workers to Occupational Therapists, Community
Nurses, Doctors and other relevant parties.
The assessment will contain the following elements:
- Determining the clients desired requirements
- Examining current capabilities
- Assessing the present and likely health needs
- Looking at the suitability of present living accommodation
- Assessing the support that is available from family, friends and neighbours
- The clients financial circumstances
This process will assist the Social Worker to determine how your case
fits in with regard to the Eligibility criteria and to help them
allocate their limited financial resource as best they can to meet the
priority needs.
Only in cases where the client has decided to go privately is the need for
an assessment removed. It is however recommended that prior to
requesting an assessment, the client or relative acting on their
behalf first examines the client's financial position and seeks
independent support. This may be obtained from a large number of
I.F.A's. and this is considered in the website sections,
Independent Financial Advisors.
access to finance |
use of agencies |
useful addresses |
selection procedure
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