The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020

Publication Date:January 01, 2020

2020No. 188


The Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020

Made at 4.37 p.m. on24thJune2020

Laid before the Scottish Parliament25thJune2020

Coming into force in accordance with regulation 1(2)

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 2 and 7, and paragraph 7(3) of schedule 1, of the Coronavirus (Scotland) (No. 2) Act 2020( 1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Care Staff Support Fund (Coronavirus) (Scotland) Regulations 2020.

(2) These Regulations come into force immediately after they are made.

(3) In these Regulations—

“expected income” means the greater of—

(a) the remuneration to which a relevant social care worker would have been contractually entitled if their ability to undertake contracted health and care work was not restricted for a reason relating to coronavirus, and

(b) the remuneration which under section 62 of the Employment Rights Act 1996( 2) an employee, who is permitted to take time off under section 61 of that Act, is entitled to be paid by his employer for that time,

“the Fund” means the Social Care Staff Support Fund to be established under paragraph 7(1) of schedule 1 of the 2020 Act,

“integration authority” has the meaning given by section 59 of the Public Bodies (Joint Working (Scotland) Act 2014( 3),

“relevant care service” means “a care home service”, “a housing support service”, “an offender accommodation service” or “a support service”, all as defined by section 47(1) and schedule 12 of the Public Services Reform (Scotland) Act 2010( 4),

“relevant social care worker” means an individual directly employed by a relevant care service on or after 23 March 2020,

“sick pay” means—

(a) statutory sick pay as defined by section 151 of the Social Security Contributions and Benefits Act( 5),

(b) payment which a worker is entitled to receive under a contract of employment when they are absent from work due to illness or suspected illness, and

“2020 Act” means the Coronavirus (Scotland) (No. 2) Act 2020( 6).

Establishment, maintenance and administration of the Fund

2.—(1) The Fund is established.

(2) The Fund is to be maintained and administered in accordance with regulations 2 to 5.

(3) The Scottish Ministers must maintain the Fund for the duration of the period when Part 1 of the 2020 Act is in force( 7).

(4) The Scottish Ministers may appoint an integration authority or a local authority to administer the Fund on their behalf.

(5) The Scottish Ministers may pay such administration fees as they think fit to any person who they may appoint under paragraph (4).

Eligibility criteria to receive financial assistance deriving from the Fund

3.—(1) A relevant social care worker is entitled to financial assistance from the Fund if all of the conditions in paragraphs (2) to (5) are met.

(2) The first condition is that the relevant social care worker's ability to undertake contracted health and care work is, or has been, restricted for a reason relating to coronavirus.

(3) The second condition is that as a result of that restriction, the worker's income is, or has been, reduced.

(4) The third condition is that consequently the worker would experience, or is experiencing, financial hardship during the period when Part 1 of the 2020 Act is in force.

(5) The fourth condition is that the worker is, or was—

(a) unable to attend work as a result of having coronavirus, or

(b) self-isolating in accordance with relevant public health guidance.

Requirements for claim on the Fund by relevant social care workers

4. In order to make a claim on the...

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