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

JurisdictionScotland
CitationSSI 2020/188
Year2020
(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—
  • F8“the coronavirus job retention scheme” means the scheme which was established on 15 April 2020 (and as it has effect from time to time) administered by Her Majesty’s Revenue and Customs under the direction of the Commissioners of Her Majesty’s Treasury under section 76 of the Coronavirus Act 2020,
  • 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 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,
  • F9“health board” means a Health Board constituted under section 2(1) (a) of the National Health Service (Scotland) Act 1978,
  • integration authority” has the meaning given by section 59 of the Public Bodies (Joint Working (Scotland) Act 2014 ,
  • 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 ,
  • 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 ,
    • (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 .
(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 (4) The Scottish Ministers may appoint an integration authority F10, a local authority or any other person to administer the Fund on their behalf.(4A) The Scottish Ministers may appoint a different person under paragraph (4) to administer different parts of the Fund for different purposes.(5) The Scottish Ministers may pay such administration fees as they think fit to any person who they may appoint under paragraph (4) .paragraphs (2) to (5) , orparagraph (6) , orparagraph (7) ,(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.unable to attend work as a result of having coronavirus, orself-isolating in accordance with relevant public health guidance.(6) The fifth condition is that the worker is, or was, a person falling within a description in schedule 1 (conditions or treatments relevant for the purposes of regulation 3(6) ) and has been advised by the Scottish Ministers, a registered medical practitioner or a health board to shield themselves from the general public in order to reduce the risk of that worker contracting coronavirus.(7) The sixth condition is that the worker is, or was, a person falling within a description in schedule 2 (conditions or statuses relevant for the purposes of regulation 3(7) ) , and has agreed with their employer, following an assessment, that the worker is unable to carry out their duties for a period of time due to the risk of that worker contracting coronavirus.(8) No financial assistance is to be granted under these regulations in respect of any period after 31 October 2020 to a worker who is eligible by virtue of the conditions set out in paragraphs (6) or (7) .
  • regulations 3(2) to (5) , or
  • regulation 3(6) , or
  • regulation 3(7) ,
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