Blog: What does the Coronavirus (Scotland) Act 2020 mean for me?
New emergency legislation has been introduced to help deal with current Coronavirus (COVID-19) pandemic, but what does it do and how it will effect me?
With the need for a fast response to the current pandemic you may have missed that new legislation was introduced a few weeks ago across the UK. We’ve produced a summary of some of the main ways the new Coronavirus (Scotland) Act 2020 can impact older people, as well links to where you can get further information and advice.
It’s important to remember that the purpose of this Act is to provide temporary relief during the coronavirus outbreak, and help to deal with any disruption caused by the outbreak. The Scottish Government have been clear that none of the temporary measures will last a day longer than necessary. The powers within the Act will expire on the 30th September 2020, however, they can be extended if approved by the Scottish Parliament.
So what are the new measures?
Housing: There are new measures which provide greater protection to tenants in the rented sector which will protect them from eviction during the current crisis. This is certainly to be welcomed, and will help to provide security and peace of mind to older people who live in rented accommodation.
Debt: People who are in debt can pause repaying their debt from six weeks to six months. Those in debt are also allowed to ask for this pause more than once in a 12 month period. Again, this is a welcome measure which will help those whose problem debt is a direct result of the coronavirus pandemic.
Adults with Incapacity: One of the more far reaching powers of the Act relates to how adults who can’t make decisions for themselves may be treated. The Act has emergency provision that will help local authorities act quicker by relaxing some of their statutory duties. This means that if this part of the Act is ‘switched on’ local authorities will not have to take into account the past and present wishes of the adult or their family when taking steps to help an adult who lacks capacity. This means that they could be moved into residential accommodation without consulting the wishes of the individual or their family, guardian, or power of attorney. This also includes moving an at risk adult from acute hospital wards to residential care, or other appropriate accommodation where their liberties may be deprived in order to protect them from the risk of infection. The purpose of this is to allow local authorities take immediate steps to safeguard the health and welfare of vulnerable adults. Such drastic legislation will only come int force when and if Scottish Ministers approve its use, and this will strictly only be done when evidenced as absolutely necessary.
Adult Social Care: Similarly, the new Act contains emergency provisions that relax the statutory duties of local authorities when it comes to social care. However, like with the changes to Adults with Incapacity, these measures must be ‘switched on’ by Scottish Ministers and will only be done so as a last resort. They include removing the duty to provide a full community care assessment for those who need social care. Crucially, the key duties to provide care and support to people in need of assistance is unchanged. It also does not change the eligibility for any care services. It is intended to allow local authorities to prioritise and provide urgent care without delay. After the emergency has passed, all those who received a partial assessment will receive a full assessment.
The Coronavirus (Scotland) Act 2020 has been enacted to compliment legislation introduced by the UK Government which applies across the UK. Crucially everyone must abide by the following rules:
stay at home
only go outside for essential food, health and work reasons
stay 2 metres (6 feet) away from other people
stop all gatherings of more than two people in public
For more information visit the NHS Inform and the Scottish Government websites.
Our freephone helpline provides information, friendship, and advice for people over 50 in Scotland, their family, friends, and carers. Call for information or a friendly chat on 0800 12 44 222 Monday to Friday, 9am-5pm.
Other useful contacts:
For advice about housing: https://scotland.shelter.org.uk/
For advice about employment, contact your local citizen advice bureau: https://www.cas.org.uk/
For advice about social care, contact your local authority: https://www.gov.uk/find-local-council
