Commentary on Parts Part 3 – Provision of Support to Carers Chapter 2 – Duty to provide support to carers Section 25 - Provision of support to carers: breaks from caring
76.Subsection (1) requires a local authority to consider whether any support provided under section 24 should include support which provides a break from caring.
77.Subsection (2) confers a power on the Scottish Ministers to make regulations (subject to the affirmative procedure (see section 42(2)) about the forms of support that would constitute a break from caring. Where the regulations provide for a break from caring to take the form of the provision of care for the cared-for person, they may also make provision about the role of the cared-for person in relation to how that care is provided.
78.Subsection (4) requires that each local authority must have regard to the desirability of breaks from caring being provided on a planned basis.
79.Subsection (5) refers to section 19(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 (promotion of options for support). It provides that the duty on local authorities in that section to promote a variety of support and support providers applies equally in relation to support provided as a break from caring.