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The Community Care (Additional Payments) (Scotland) Regulations 2002

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Care (Additional Payments) (Scotland) Regulations 2002 and shall come into force on 1st July 2002.

(2) In these Regulations–

the Act” means the Community Care and Health (Scotland) Act 2002;

“additional payments” means payments made for the purpose mentioned in section 4(2) of the Act (accommodation more expensive than usually provided);

“the Assessment Regulations” means the National Assistance (Assessment of Resources) Regulations 1992(1);

“capital limit” means the amount for the time being prescribed in regulation 20 of the Assessment Regulations;

“qualifying resident” means a person who is in receipt of or is eligible for assistance from the local authority by the provision of accommodation;

“relevant accommodation” means accommodation suitable to meet the needs of the qualifying resident but in respect of which the cost of providing that accommodation to the resident would require the local authority to pay more than that authority would usually expect to pay in order to provide accommodation under the 1968 Act(2) or under section 7 of the 1984 Act(3) (functions of local authorities) suitable for a person with the needs of the qualifying resident;

“resources” means the whole of the income and capital of a qualifying resident.

(3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

(1)

S.I. 1992/2977 was amended by S.I. 1993/964 and 2230, 1994/825, 1995/858 and 3054, 1996/602, 1997/485, 1998/497 and 1730 and S.S.I. 2001/6 and 138.

(3)

1984 c. 36; section 7 was amended by the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 6.

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