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	Statutory Instruments of the Scottish Parliament
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" "civil partner" has the same meaning as in the Civil Partnership Act 2004[3];".

    (3) For regulation 4 (persons from whom services may not be secured by means of a direct payment) substitute–

     " 4. —(1) The descriptions of persons in paragraph (2) are specified for the purposes of subsection (3) of section 12B (persons from whom services may not be secured by means of a direct payment) of the Act, except to the extent that–


(a) in the case of a service mentioned in section 12B(1)(a)(i) of the Act (community care services), the local authority is satisfied that securing the service from such a person is necessary to meet the beneficiary's need for that service; or

(b) in the case of a service mentioned in section 12B(1)(a)(ii) of the Act (services for children in need), other than a service provided under section 22(3)(b) of the Children (Scotland) Act 1995[4] which comprises giving assistance in cash, the local authority is satisfied that securing the service from such a person is necessary to safeguard or promote the welfare of the child in need.



    (2) The description of persons referred to in paragraph (1) are–



(a) the beneficiary's–


(i) grandparent;

(ii) parent;

(iii) son or daughter;

(iv) brother or sister;

(v) half-brother or half-sister;

(vi) aunt or uncle;

(vii) nephew or niece; or

(viii) grandchildren;



(b) the spouse or civil partner of–



(i) the beneficiary; or

(ii) any person of a description specified in regulation 4(2)(a) or (e);



(c) a person who–



(i) is of the opposite sex to the beneficiary, or to any person of a description specified in regulation 4(2)(a) or (e); and

(ii) is not married to the beneficiary or to that person (as the case may be); but

(iii) lives as though he or she were the beneficiary's, or that person's, husband or wife (as the case may be);



(d) a person who–



(i) is of the same sex as the beneficiary, or of any person of a description specified in regulation 4(2)(a) or (e); and

(ii) who is not the civil partner of the beneficiary or that person (as the case may be); but

(iii) lives as though he or she were the beneficiary's, or that person's, civil partner (as the case may be);



(e) the beneficiary's aunt's or uncle's son or daughter;

(f) the stepparent, stepchild, stepbrother, stepsister, or step grandchild of–



(i) the beneficiary; or

(ii) any person of a description specified in regulation 4(2)(a) but not the beneficiary's grandparent's stepparent or the beneficiary's nephew's or niece's stepchild;



(g) the parent in law, son in law, daughter in law, brother in law or sister in law of–



(i) the beneficiary; or

(ii) any person of a description specified in regulation 4(2)(a).".

S ROBISON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
10th October 2007

[2] S.S.I. 2003/243 as amended by S.S.I. 2005/114.back

[3] 2004 c.33.back

[4] 1995 c.36.back

 © Crown copyright 2007