The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2003

Made6th February 2003

Laid before the Scottish Parliament7th February 2003

Coming into force28th February 2003

The Scottish Ministers, in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481 (including that provision as applied by section 87(3) and (4) of the Social Work (Scotland) Act 19682) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2003 and shall come into force on 28th February 2003.

2

These Regulations extend to Scotland only.

Amendment of the National Assistance (Assessment of Resources) Regulations 19922

For paragraph 6 of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 19923 (capital to be disregarded), substitute–

6
Any amount which would be disregarded under paragraph 7(1) of Schedule 10 to the Income Support Regulations4 (arrears of specified payments), but as if the words “Subject to sub-paragraph (2)” at the beginning of that sub-paragraph were omitted and as if the reference in paragraph (a) of that sub-paragraph to paragraphs 6, 8 or 9 of Schedule 9 to the Income Support Regulations (other income to be disregarded) were a reference to paragraphs 4 to 6 of Schedule 3 to these Regulations (other income to be disregarded).

FRANCIS McAVEETYAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh6th February 2003

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the National Assistance (Assessment of Resources) Regulations 1992 in order to reinstate the position prior to the amendment made on 14th October 2002 by S.I.2002/2380 to the Income Support (General) Regulations 1987 so that in the financial assessment of a resident’s capital, arrears of various social security benefits are disregarded for a period of 52 weeks from the date of receipt (regulation 2).