The National Assistance (Assessment of Resources) Amendment (No. 3) (Scotland) Regulations 2003

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (No. 3) (Scotland) Regulations 2003 and shall come into force on 6th October 2003.

(2) In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 1992(1).

(3) These Regulations extend to Scotland only.

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2(1) of the principal Regulations (interpretation), insert the following definitions at the appropriate place:–

“savings credit” means a savings credit under the State Pension Credit Act 2002(2)

“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002(3).

Amendment of Schedule 3 to the principal Regulations

3.  In Schedule 3 Part I to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 28F(4), insert–

“28G.— (1) Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee –

(a) the amount of that savings credit where the amount received is £4.50 or less; or

(b) £4.50 of that savings credit where the amount received is greater than £4.50.

(2) Where a resident–

(a) has no partner;

(b) has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £4.50.

(3) Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee –

(a) the amount of that savings credit where the amount received is £6.75 or less; or

(b) £6.75 of that savings credit where the amount received is greater than £6.75.

(4) Where a resident receives a savings credit and–

(a) has a partner;

(b) has

(i) attained the age of 65; or

(ii) has attained the qualifying age and his partner has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £6.75.

(5) Where a resident–

(a) has a partner and this paragraph has not been applied to that partner where that partner is also a resident;

(b) has

(i) attained the age of 65; or

(ii) has attained the qualifying age and his partner has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £6.75.

(6) For the purposes of this paragraph–

(a) a resident has a partner if he would be considered to have a partner for the purposes of the State Pension Credit Regulations(5);

(b) “qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002(6);

(c) “qualifying income” shall be construed in accordance with regulation 9 of the State Pension Credit Regulations and for the purposes of sub-paragraphs (3), (4) and (5) the resident’s qualifying income shall include any qualifying income of that resident’s partner;

(d) “standard minimum guarantee” means, for the purposes of

(i) sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the State Pension Credit Regulations; and

(ii) sub-paragraphs (3), (4) and (5), the amount prescribed by regulation 6(1)(a) of the State Pension Credit Regulations.

28H.   Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19(1)(b) or (c) of the Coal Industry Act 1994(7).”

TOM McCABE

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

10th September 2003