75.Section 27 requires the Scottish Ministers to impose timescales within which local authorities must assess, and periodically re-assess, the community care service needs of persons with a terminal illness. The meaning of “community care services” is discussed in paragraph 73 above.
76.The determination of whether someone has a terminal illness for this purpose is to be made on the same basis as it is made for determining the person’s entitlement, on that ground, to a form of disability assistance under the Social Security (Scotland) Act 2018.
77.Regulations under section 27 will be subject to the affirmative procedure and may modify other enactments (see section 38).
Overview of the Act Overview of Part 2 Timescales for assessment of persons who have a terminal illness