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

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3.  The parts of resources referred to in regulation 2(2)(d)(ii) are–

(a)any income or capital disregarded under Schedule 2, 3 or 4 of the Assessment Regulations, except capital disregarded under paragraphs 1, 1A, 2, 3, 7, or 18 of Schedule 4 (capital to be disregarded) to those Regulations;

(b)in the case of a qualifying resident to whom regulation 2(3)(a) applies, capital exceeding the sum first mentioned in regulation 28(1) of the Assessment Regulations;

(c)in the case of a qualifying resident to whom regulation 2(3)(b) applies and where the agreement referred to in that regulation includes the deferred payment of additional payments, the dwelling which that person would otherwise normally occupy as their only or main residence where the value of that resident’s interest in that property together with any other capital of the resident exceeds the capital limit, provided that where additional payments are to be made from the value of that property they will form part of the relevant contributions under the deferred payment agreement; and

(d)in the case of a qualifying resident to whom regulation 2(3)(b) does not apply but to whom regulation 2(3)(c) applies, either–

(i)capital exceeding the capital limit; or

(ii)the difference between the weekly amount that the person is, as a result of not being charged for social care in accordance with section 1(1) of the Act (charging and not charging for social care), required to pay for the cost of their accommodation and the amount which that person would have been required to pay had that section not applied to such care.

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