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The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003

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Scottish Statutory Instruments

2003 No. 86

NATIONAL ASSISTANCE SERVICES

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003

Made

13th February 2003

Laid before the Scottish Parliament

14th February 2003

Coming into force

7th April 2003

The Scottish Ministers, in exercise of the powers conferred by section 22(4) of the National Assistance Act 1948(1) (as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968(2)) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003 and shall come into force on 7th April 2003.

(2) These Regulations extend to Scotland only.

Sum needed for personal requirements

2.  The sum which, under section 22(4) of the National Assistance Act 1948 as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968, a local authority shall assume that a person will need for his or her personal requirements per week shall be £17.50 (the previous sum was £16.80(3)).

Revocation

3.  The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2002(4) are hereby revoked.

FRANCES McAVEETY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

13th February 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the weekly sum which local authorities in Scotland are to assume, in the absence of special circumstances, that residents in accommodation arranged under the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984 will need for their personal requirements.

From 7th April 2003 all residents will be assumed to need £17.50 per week for their personal requirements.

These Regulations revoke the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2002 (which provided for the sum residents were assumed to need from 8th April 2002).

(1)

1948 c. 29; section 64(1) of the National Assistance Act 1948 defines the term “prescribed”; section 87(4) of the Social Work (Scotland) Act 1968 (c. 49) substitutes the term “Secretary of State” for the term “Minister”. The functions of the Secretary of State so far as they are exercisable in Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1968 c. 49; section 87(3) was amended by the Social Security Act 1980 (c. 30) Schedule 4, paragraph 5; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20; the Social Security Act 1986 (c. 50), section 66, 68 and Schedule 10, paragraph 41 and the National Health Service and Community Care Act 1990 (c. 19), section 66 and Schedule 9, paragraph 10(13). By virtue of section 87(3) of the 1968 Act accommodation provided under that Act or under section 7 of the Mental Health (Scotland) Act 1984 (c. 36) is regarded as accommodation provided under Part III of the 1948 Act.

(3)

As provided for by the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2002 (S.S.I. 2002/85), which are revoked by these Regulations.

(4)

S.S.I. 2002/85.

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