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