Guide

Legislation protecting people in care

Last updated: 10 February 2017

Social care and health legislation

National Assistance Act 1948

This founded the National Assistance Board, responsible for public assistance through means-tested payments taken from National Insurance contributions. This establishment of welfare benefits helped the move from institutional to community-based care.

Read more about the National Assistance Act 1948.

Social Work (Scotland) Act 1968

Local councils have a duty under the Social Work (Scotland) Act 1968 to assess a person's community care needs and decide whether to arrange any services.

Read more about the Social Work (Scotland) Act 1968.

NHS and Community Care Act 1990

This was the first legislation to bridge the gap between health boards and local council social services. Social work departments were given the responsibility for community care for older people, and home care, day care and respite care were developed to help people live in their own homes wherever possible. This legislation was the first time that the needs of carers were taken into account.

Read more about the NHS and Community Care Act 1990.

National Assistance (Assessment of Resources) Regulations 1992

These regulations set out how a care home resident's income and capital should be treated during the financial assessment.

Read more about the National Assistance (Assessment of Resources) Regulations 1992.

Community Care and Health (Scotland) Act 2002

This introduced free personal care for older people – regardless of income or whether they live at home or in residential care – and created rights for informal or unpaid carers.

Read more about the Community Care and Health (Scotland) Act.

Public Services Reform (Scotland) Act 2010

The Public Services Reform (Scotland) Act 2010 established 2 new public bodies with responsibility for ensuring that health and social care services provide good quality care:

Social Care (Self-directed Support) (Scotland) Act 2013

Makes legislative provisions relating to the arranging of care and support, like community care services and children's services.

Read more about the Self-directed Support (Scotland) Act 2013.

Legislation protecting people in care
Social care and health legislation