# Legislation & Guidance **URL:** https://forum.sdsscotland.org.uk/c/legislation-guidance/20.md [Latest](https://forum.sdsscotland.org.uk/latest.md) · [Categories](https://forum.sdsscotland.org.uk/categories.md) --- ## [About the Legislation & Guidance category](https://forum.sdsscotland.org.uk/t/about-the-legislation-guidance-category/56)
**Author:** [@michaelpillans](https://forum.sdsscotland.org.uk/u/michaelpillans)\ **Replies:** 0\ **Last updated:** [2 March 2021 16:10 UTC](https://forum.sdsscotland.org.uk/t/about-the-legislation-guidance-category/56 "2021-03-02T16:10:45Z")
For questions about the law relating to SDS --- ## [SDS payment Guidance](https://forum.sdsscotland.org.uk/t/sds-payment-guidance/1049)
**Author:** [@Rauf007](https://forum.sdsscotland.org.uk/u/Rauf007)\ **Replies:** 6\ **Last updated:** [9 March 2026 13:03 UTC](https://forum.sdsscotland.org.uk/t/sds-payment-guidance/1049 "2026-03-09T13:03:49Z")
I’m looking for advice and guidance regarding Self-Directed Support (SDS) funding in Scotland. My mother is in the advanced stages of Parkinson’s disease and now requires full 24/7 care. She is completely dependent and … --- ## [Reassessment or Review? Legislation / guidance](https://forum.sdsscotland.org.uk/t/reassessment-or-review-legislation-guidance/1002)
**Author:** [@Digitsmidori](https://forum.sdsscotland.org.uk/u/Digitsmidori)\ **Replies:** 18\ **Last updated:** [29 July 2025 14:38 UTC](https://forum.sdsscotland.org.uk/t/reassessment-or-review-legislation-guidance/1002 "2025-07-29T14:38:49Z")
Hello, in my local authority there has been a new Support Needs Assessment eform created and the Personalisation Review form has been discontinued entirely. The rationale behind this was that the review form conflated th… --- ## [SDS Standard Standard 13 on Direct Payments](https://forum.sdsscotland.org.uk/t/sds-standard-standard-13-on-direct-payments/937)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 16\ **Last updated:** [3 June 2025 14:03 UTC](https://forum.sdsscotland.org.uk/t/sds-standard-standard-13-on-direct-payments/937 "2025-06-03T14:03:08Z")
@MarkieBoy mentioned that a new SDS Standard covering Direct Payments is on the way. I wonder if it would be helpful to raise questions in this thread that the new Standard might address. Off the top of my head: Can a… --- ## [Section 211 of the Local Government (Scotland) Act 1973](https://forum.sdsscotland.org.uk/t/section-211-of-the-local-government-scotland-act-1973/965)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 0\ **Last updated:** [16 May 2025 20:06 UTC](https://forum.sdsscotland.org.uk/t/section-211-of-the-local-government-scotland-act-1973/965 "2025-05-16T20:06:09Z")
This may be a no-risk way to solve all LA non-compliance in one go: Local Government (Scotland) Act 1973 s 211 says: "211 Provision for default of local authority. (1) If a complaint is made to the Secretary of State… --- ## [Can an LA force direct payment budget holders to use a managed account?](https://forum.sdsscotland.org.uk/t/can-an-la-force-direct-payment-budget-holders-to-use-a-managed-account/544)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 25\ **Last updated:** [6 March 2025 20:04 UTC](https://forum.sdsscotland.org.uk/t/can-an-la-force-direct-payment-budget-holders-to-use-a-managed-account/544 "2025-03-06T20:04:12Z")
I hold a budget on behalf of my disabled son. The LA refuse to pay the DP into an account I control. They insist I must use a managed account. As far as I am aware this is contrary to legislation and statutory guidance. … --- ## [Do you have to sign a contract for SDS Option 1?](https://forum.sdsscotland.org.uk/t/do-you-have-to-sign-a-contract-for-sds-option-1/840)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 25\ **Last updated:** [7 January 2025 15:59 UTC](https://forum.sdsscotland.org.uk/t/do-you-have-to-sign-a-contract-for-sds-option-1/840 "2025-01-07T15:59:01Z")
It seems local authorities like Option 1 users to sign contracts. If you refuse to sign, can the LA withhold the direct payment? --- ## [SDS Option 1 spend for items not covered by ‘adaptions guidance‘](https://forum.sdsscotland.org.uk/t/sds-option-1-spend-for-items-not-covered-by-adaptions-guidance/853)
**Author:** [@MidlothianGuy](https://forum.sdsscotland.org.uk/u/MidlothianGuy)\ **Replies:** 1\ **Last updated:** [5 October 2024 18:13 UTC](https://forum.sdsscotland.org.uk/t/sds-option-1-spend-for-items-not-covered-by-adaptions-guidance/853 "2024-10-05T18:13:04Z")
Hi folks, I’ve been pulled up by my council for making a £5.25 spend on a daily living aid from Boots that meets an agreed need. I’ve cut out some of the email as it’s quite personal to me, but in summary there’s no di… --- ## [How does SDSScotland know how Direct Payments work?](https://forum.sdsscotland.org.uk/t/how-does-sdsscotland-know-how-direct-payments-work/845)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 0\ **Last updated:** [8 September 2024 09:04 UTC](https://forum.sdsscotland.org.uk/t/how-does-sdsscotland-know-how-direct-payments-work/845 "2024-09-08T09:04:44Z")
When SDSScotland is unsure on a particular detail of how a Direct Payment is supposed to work, how do you find out? --- ## [Where, if anywhere, is the authority for reclaiming surplus funds?](https://forum.sdsscotland.org.uk/t/where-if-anywhere-is-the-authority-for-reclaiming-surplus-funds/738)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 3\ **Last updated:** [8 September 2024 09:00 UTC](https://forum.sdsscotland.org.uk/t/where-if-anywhere-is-the-authority-for-reclaiming-surplus-funds/738 "2024-09-08T09:00:34Z")
I’m just at this moment trying to find the lawful basis that a Local Authority can reclaim surplus DP simply because it’s a surplus. Simply having a surplus in the account, as far as I can tell, isn’t a reason. It’s just… --- ## [Midlothian Council agreement for Option 1 SDS](https://forum.sdsscotland.org.uk/t/midlothian-council-agreement-for-option-1-sds/804)
**Author:** [@MidlothianGuy](https://forum.sdsscotland.org.uk/u/MidlothianGuy)\ **Replies:** 17\ **Last updated:** [2 September 2024 23:27 UTC](https://forum.sdsscotland.org.uk/t/midlothian-council-agreement-for-option-1-sds/804 "2024-09-02T23:27:29Z")
Six months on since starting to receive SDS Option 1 direct payment, and having PAs in place, I’ve received a ‘direct payment agreement’ document to sign. It’s quite a lengthy document - so I’ve included a few excerpts b… --- ## [LA's, PAs and Power of Attorney and option 1](https://forum.sdsscotland.org.uk/t/las-pas-and-power-of-attorney-and-option-1/818)
**Author:** [@Karl](https://forum.sdsscotland.org.uk/u/Karl)\ **Replies:** 8\ **Last updated:** [29 August 2024 21:32 UTC](https://forum.sdsscotland.org.uk/t/las-pas-and-power-of-attorney-and-option-1/818 "2024-08-29T21:32:39Z")
Why are Local Authorities refusing to allow someone (me!) to become PAs under option 1 unless they resign their power of attorney? There is a second PoA who runs the finances and contracts, there is no conflict of inter… --- ## [Ask permission before, or check up afterwards?](https://forum.sdsscotland.org.uk/t/ask-permission-before-or-check-up-afterwards/708)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 38\ **Last updated:** [3 May 2024 15:10 UTC](https://forum.sdsscotland.org.uk/t/ask-permission-before-or-check-up-afterwards/708 "2024-05-03T15:10:57Z")
I’d be interested in the opinion of SDS Scotland (and anyone) on the following question: Must direct payment users ask permission before spending their DP on something novel that has not specifically been previously agr… --- ## [Using the Direct Payment to pay for advertising for PAs](https://forum.sdsscotland.org.uk/t/using-the-direct-payment-to-pay-for-advertising-for-pas/729)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 6\ **Last updated:** [5 April 2024 08:42 UTC](https://forum.sdsscotland.org.uk/t/using-the-direct-payment-to-pay-for-advertising-for-pas/729 "2024-04-05T08:42:46Z")
For those direct payment users who employ support workers, what is the situation regarding using the DP to pay for advertising? Moray Council didn’t like it, and it seems others have had similar difficulties. I think th… --- ## [Means and ends, 'any way', whose decision is whose?](https://forum.sdsscotland.org.uk/t/means-and-ends-any-way-whose-decision-is-whose/553)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 5\ **Last updated:** [6 September 2023 21:59 UTC](https://forum.sdsscotland.org.uk/t/means-and-ends-any-way-whose-decision-is-whose/553 "2023-09-06T21:59:52Z")
When support planning, a social worker and service user negotiate ‘agreed outcomes’. That’s right isn’t it? The decision about what the agreed outcomes are is a JOINT decision. In a way, both sides get a veto. If they ca… --- ## [SDS Option 1 implementation and the rule of law](https://forum.sdsscotland.org.uk/t/sds-option-1-implementation-and-the-rule-of-law/571)
**Author:** [@Josh](https://forum.sdsscotland.org.uk/u/Josh)\ **Replies:** 2\ **Last updated:** [14 June 2023 18:39 UTC](https://forum.sdsscotland.org.uk/t/sds-option-1-implementation-and-the-rule-of-law/571 "2023-06-14T18:39:37Z")
Does SDS Scotland have any concerns about local authorities simply not following the law? I have my own experience that I’ve mentioned on the forum, and I’m wondering if SDS Scotland is tackling issues around the rule of… --- ## [Independent Review of Adult Social Care in Scotland](https://forum.sdsscotland.org.uk/t/independent-review-of-adult-social-care-in-scotland/96)
**Author:** [@michaelpillans](https://forum.sdsscotland.org.uk/u/michaelpillans)\ **Replies:** 0\ **Last updated:** [29 March 2021 15:45 UTC](https://forum.sdsscotland.org.uk/t/independent-review-of-adult-social-care-in-scotland/96 "2021-03-29T15:45:59Z")
The Scottish Government and COSLA have issued a joint statement of intent outlining how they will work together to improve adult social care, following the publication of the recent Independent Review of Adult Social Car…