I do not think that I will be as brief as I was for the previous item, as there are a number of sets of regulations to refer to. As you have mentioned, I am joined by Peter Stapleton and Ruth Lunny.
It is just over two years since the Parliament passed the Carers (Scotland) Act 2016 with unanimous support, putting in place an important new approach to supporting carers. The 2018-19 budget includes an additional £66 million to support additional expenditure by local government on social care, including the implementation of the 2016 act. We expect the full amount to be transferred to integration joint boards for those purposes, in line with their delegated responsibilities.
This batch of six statutory instruments are the final ones required to enable implementation from the start of April, and I will say a few words about our approach to each set of regulations.
The transitional regulations provide for carers who receive support under the existing system to move to the new system under the Carers (Scotland) Act 2016. They require local authorities to continue providing support to existing carers and to continue to waive charges, until the carers move to the new system or cease to need carer support. Local authorities must keep that support under review until the carers move to the new system.
The regulations allow the transition to the new system to be phased in within three years, or within a year for young carers. Those carers must be offered an adult carer support plan or young carer statement sooner where there is a change that has a material impact on the care that they provide. They have a right to request an adult carer support plan or a young carer statement at any stage.
Those transitional arrangements are designed with three principles in mind: to provide continuity of support during the transition process for carers already receiving support; to allow a managed transition, so that existing carers move into support under the 2016 act on a phased basis and over a reasonable timescale; and to be responsive to the circumstances of individual carers.
The short breaks services statements regulations add further requirements to the 2016 act’s duty for local authorities to prepare statements of the short breaks services available in Scotland. In particular, they require local authorities to consider the views of carers and carer representatives when preparing the short breaks services statement, and to provide contact details for the responsible department regarding publication. That will help to ensure that statements are appropriate to the needs of local carers, and that they know who to contact for further information. Following last year’s consultation, the regulations also require the first statements to be published by the end of December, so as to allow adequate time for the information to be assembled and for local discussion to ensure that the statements are as useful as possible.
The two sets of amendment regulations on the waiving of charges and on direct payments update legal references in 2014 regulations so that they refer to carer support under the Carers (Scotland) Act 2016. When the new duty to support carers takes effect from 1 April, the amendment regulations will maintain the existing requirements for local authorities to waive charges in relation to carer support and not to means test carer support delivered via a direct payment.
The review regulations set out circumstances in which young carer statements and adult carer support plans must be reviewed—in particular when the carer or cared-for person moves, or if there is another change that the authority decides has or could have a material impact on the care provided by the carer. Examples of such circumstances will be discussed and outlined in guidance.
Finally, the draft regulations on the identification of carers’ needs and personal outcomes, which the committee is considering under the affirmative procedure, set out requirements that align those responsibilities with those for the preparation of young carer statements and adult carer support plans. As discussed in the policy note, the draft regulations are essential to the definitions of “identified personal outcomes” and “identified needs” under the 2016 act, so that the key duties in relation to adult carer support plans, young carer statements and carer support can work as intended.
In summary, supporting the proposed changes will enable the Carers (Scotland) Act 2016 to be implemented from the start of April and will put in place important new rights for carers as part of the structured, personalised approach to carer support envisaged under the act.
I am happy to take questions on this suite of regulations.