Does any carers receive an SDS budget its mainly for the cared for, but under the rules the cared for is eligable under these legislations:-
Section 24 – Duty to provide support to carers
24(1)
This section applies where a carer has identified needs which cannot be met by services or assistance—
(a) provided to the cared-for person, or
(b) provided generally.
24(2)
The responsible local authority must provide support to the carer to meet the carer’s eligible needs.
24(3)
The responsible local authority may provide support to the carer to meet needs which are not eligible needs.
24(4)
Support provided under subsection (2) or (3) may take such form as the authority considers appropriate.
24(5)
Before providing support, the authority must have regard to the carer’s identified personal outcomes.
24(6)
The authority must take into account the carer’s views about—
(a) the support to be provided, and
(b) the way in which it is to be provided.
Related sections you NEED (same Act)
Section 6 – Duty to prepare Adult Carer Support Plan
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6(1) Duty to prepare an ACSP where it appears a person is a carer
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6(2) Must involve the carer
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6(3) Must consider impact of caring role
Section 9 – Content of Adult Carer Support Plan
Includes:
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9(1)(a) Carer’s personal outcomes
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9(1)(b) Carer’s needs for support
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9(1)(c) Whether needs meet eligibility criteria
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9(1)(d) Support to be provided
Section 12 – Duty to offer support plan
- Must offer an ACSP to every adult carer
Section 21 – Duty to set eligibility criteria
- Each local authority defines what counts as “eligible needs”
Where “budget/control” comes from (separate law)
Social Care (Self-directed Support) (Scotland) Act 2013
Section 1(1)
The authority must have regard to the general principles of collaboration, informed choice, and involvement.
Section 4(1)
The authority must offer the individual a choice of options for how support is provided.
Section 4(2) – The 4 options
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(a) Direct payment
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(b) Individual service fund
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(c) Arranged services
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(d) Mix of the above
What this legally locks in (no interpretation)
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24(2) → MUST provide support (if eligible)
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9(1)(d) → Support must be written into the plan
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4(2) SDS Act → You must be offered control over how that support is delivered
The gap (this is the loophole)
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The Act never says: “carer gets a budget”
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It says:
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support must exist
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and can take any form
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The “budget” only exists if SDS is applied to that support
Bottom line
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You’re legally entitled to:
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a plan (s6, s12)
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assessed needs (s9)
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support if eligible (s24)
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choice in delivery (SDS s4)
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You are NOT explicitly granted a budget in the Act itself