SDS Legislation and Statutory Guidance

The Social Care (Self-directed Support) (Scotland) Act 2013 became law in 2014. This is the legislation that set up self directed support. To understand what this law means in practise, the Scottish Government published guidance that came along with the legislation. This is Statutory Guidance, which means this needs to be taken into account by Local Authorities (Councils) when they are implementing Self-directed Support (SDS) in their area.

Following this, the Scottish Government also passed another law called the Self-directed Support (Direct Payments) (Scotland) Regulations 2014. This set out the rules around:

  • The calculation and payment of Direct Payments under Option 1
  • When it’s possible for a Local Authority to stop a Direct Payment
  • The employment of family members
  • When someone is not eligible for Direct Payment
  • When the Local Authority don’t have to offer the choice of a Direct Payment to someone

Further Guidance has been published by the Scottish Government during the COVID-19 pandemic and lockdown, to support the need for increased flexibility and to ensure that people can respond as quickly and as easily as possible in very difficult circumstances.

The two pieces of Guidance issued were:

  • Covid-19: Guidance on Self-directed Support Option 1 and Option 2
  • Guidance for Commissioners during Covid-19 Response

Next steps

Take a look at the resources available to guide you in more detail.

Part of
Last Updated
21 June 2022
First Published
28 March 2022
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Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.