Committee
Health, Social Care and Sport Committee 17 February 2026 [Draft]
17 Feb 2026 · S6 · Health, Social Care and Sport Committee
Item of business
Subordinate Legislation
Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2026 [Draft]
Christina McLaren (Scottish Government)
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A working group works with us every year on the process for such regulations. Scottish Care is part of that group, alongside COSLA and other local authority representatives, so a wide range of interests are represented. We are comfortable with the process that we have gone through and the arrangements that we have made.
In the same item of business
The Convener
SNP
The next item on our agenda is consideration of a draft Scottish statutory instrument that has been laid under the affirmative procedure, which means that it...
The Minister for Social Care and Mental Wellbeing (Tom Arthur)
SNP
Good morning. I thank the committee for the opportunity to speak about a proposed amendment to the Community Care (Personal Care and Nursing Care) (Scotland)...
The Convener
SNP
Thank you, minister.
Sandesh Gulhane
Con
I have a couple of questions. I declare an interest as a practising national health service general practitioner.First, have you engaged with providers to se...
Tom Arthur
SNP
As you will understand and appreciate, we have on-going engagement with providers. When taking such decisions, we must balance a range of considerations rela...
Sandesh Gulhane
Con
I understand how you have come up with that figure, but my question was not about that. I asked whether you have engaged with providers to see whether the up...
Tom Arthur
SNP
I appreciate that there will be a range of circumstances, depending on the provider. We have wider engagement, but, in this specific case, we are making a co...
Christina McLaren (Scottish Government)
A working group works with us every year on the process for such regulations. Scottish Care is part of that group, alongside COSLA and other local authority ...
Sandesh Gulhane
Con
Is the funding increase ring fenced?
Tom Arthur
SNP
Funding for the uplift will be committed. Ultimately, the level of funding will depend on overall uptake, but funding will be provided to ensure that the upl...
Sandesh Gulhane
Con
Could a local authority spend the money on other things, or could it be used only for the uplift?
Tom Arthur
SNP
I will hand over to Christina McLaren on that technical point.
Christina McLaren
The formula is based on analysis of what we expect uptake to be in the coming year. The allocation will cover that, and there is on-going dialogue to ensure ...
Sandesh Gulhane
Con
Are local authorities obliged to pass on all the money in full?
Christina McLaren
They are obliged to use the money for everyone who claims it as part of the financial assessment in relation to the overall picture of how someone pays for t...
Sandesh Gulhane
Con
What has happened to the underspend?
Christina McLaren
It is usually a very small amount of money, so we are pretty sure that the funding is accurate. There is on-going discussion with COSLA, but I am not aware t...
Brian Whittle
Con
There have been significant increases in the cost of delivering personal and nursing care, so any increase in funding is valuable and welcome. Minister, you ...
Tom Arthur
SNP
On the broader question about financial viability, there is on-going close engagement with providers and health and social care partnerships. On this specifi...
Brian Whittle
Con
Do you agree that, by investing in social care, we could prevent much more costly interventions, including hospital interventions? There is an issue in how w...
Tom Arthur
SNP
I do not disagree with your point about the value of investment in social care. Investment in social care is of tremendous benefit and value for the individu...
The Convener
SNP
We move on to agenda item four, which is the formal debate on the instrument on which we took evidence. I remind the committee that officials may not speak i...
Sandesh Gulhane
Con
No, not before—during.
The Convener
SNP
Okay. I call the minister to move and speak to motion S6M-20534.Motion moved,That the Health, Social Care and Sport Committee recommends that the Community C...
The Convener
SNP
Minister, do you wish to contribute anything else to the debate?
Tom Arthur
SNP
I have nothing further to add.
Sandesh Gulhane
Con
I declare an interest as a practising NHS GP.I support the principle behind the instrument. Personal and nursing care are fundamental for dignity in later li...
Tom Arthur
SNP
As I said earlier, I recognise the importance and value of investment in social care, in and of itself as a good, and a deliverer of high-quality services to...
Brian Whittle
Con
My concerns are similar to those of my colleague Sandesh Gulhane. At the end of the day, I will vote in favour of approving the instrument because any uplift...
Tom Arthur
SNP
I recognise the points that committee members have made with regard to the financial pressures that we are all operating under, and I welcome members’ suppor...