Search Legislation

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2004 No. 103

NATIONAL ASSISTANCE SERVICES

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2004

Made

8th March 2004

Laid before the Scottish Parliament

10th March 2004

Coming into force

12th April 2004

The Scottish Ministers, in exercise of the powers conferred by section 22(5) of the National Assistance Act 1948(1) (including that provision as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968(2)), and of all other powers enabling them on that behalf, hereby make the following Regulations:

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2004 and shall come into force on 12th April 2004.

(2) In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 1992(3).

(3) These Regulations extend to Scotland only.

Amendment of regulation 20 of the principal Regulations

2.  In regulation 20 (capital limit) of the principal Regulations, for the amount “£18,500”, substitute the amount “£19,000”(4).

Amendment of regulation 28(1) of the principal Regulations

3.  In regulation 28(1) (calculation of tariff income from capital) of the principal Regulations–

(a)for the amount “£11,500” (both times it appears) substitute the amount “£11,750”(5); and

(b)for the amount “£18,500” substitute the amount “£19,000”(6).

Amendment of Schedule 3 to the principal Regulations

4.  In paragraph 28G of Schedule 3 to the principal Regulations(7) (sums to be disregarded in the calculation of income other than earnings)–

(a)in sub-paragraphs (1) and (2), for the amount “£4.50” (each time it appears) substitute the amount “£4.65”;

(b)in sub-paragraph (3), for the amount “£6.75” (each time it appears) substitute the amount “£6.95”; and

(c)for sub-paragraphs (4) and (5) substitute the following sub-paragraphs–

(4) Subject to sub-paragraph (5) where a resident–

(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 £6.95.

(5) Where–

(a)the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, or

(b)the resident’s partner is in receipt of savings credit,

sub paragraph (4) does not apply to the resident..

Revocation

5.  Regulations 3 and 4 of the National Assistance (Assessment of Resources) Amendment (No. 3) (Scotland) Regulations 2001(8) are hereby revoked.

TOM McCABE

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

8th March 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (S.I. 1992/2977) (the “principal Regulations”). The principal Regulations concern the assessment of a person’s liability to pay for accommodation provided under the Social Work (Scotland) Act 1968 (c. 49) (the “1968 Act”). By virtue of section 87(3) of the 1968 Act, accommodation provided under the 1968 Act or section 7 of the Mental Health (Scotland) Act 1984 (c. 36) shall be regarded as accommodation provided under Part III of the National Assistance Act 1948.

Regulation 2 amends the principal Regulations so that the capital limit set out in regulation 20 is increased from £18,500 to £19,000 Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) is increased from £11,500 and £18,500 to £11,750 and £19,000.

Regulation 4 provides for an increase to the amount which should be disregarded from the calculation of income other than earnings from the financial assessment where a resident receives savings credit. It amends the principal Regulations so that where a resident has a partner for the purposes of the State Pension Credit Regulations 2002 (S.I. 2002/1792 (as amended)), £6.95 will not be disregarded from the resident’s financial assessment where their qualifying income is in excess of the standard minimum guarantee and the resident’s partner is in receipt of savings credit.

Regulation 5 revokes regulations 3 and 4 of the National Assistance (Assessment of Resources) Amendment (No. 3) (Scotland) Regulations 2001 (S.S.I. 2001/138) which provided the previous capital limits set out in regulations 20 and 28(1) of the principal Regulations.

(1)

1948 c. 29. Section 22(5) was amended by the Ministry of Social Security Act 1966 (c. 20), section 39(1) and Schedule 6, paragraph 6, the Supplementary Benefits Act 1976 (c. 71), section 35(2) and Schedule 7, paragraph 3(b), the Social Security Act 1980 (c. 30), section 20 and Schedule 4, paragraph 2, and the Social Security Act 1986 (c. 50), section 86 and Schedule 10, paragraph 32. 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), 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), accommodation provided under that Act or under section 7 of the Mental Health (Scotland) Act 1984 is regarded as accommodation provided under Part III of the National Assistance Act 1948.

(3)

S.I. 1992/2977 (“the principal Regulations”).

(4)

Regulation 20 of the principal Regulations was amended by S.I. 1996/602 and by S.S.I. 2001/138. The previous amount was set by S.S.I. 2001/138.

(5)

Regulation 28 of the principal Regulations was amended by S.I. 1996/602 and by S.S.I. 2001/138. The previous amount was set by S.S.I. 2001/138.

(6)

The previous amount was set by S.S.I. 2001/138.

(7)

Paragraph 28G to Schedule 3 to the principal Regulations was inserted by S.S.I. 2003/425.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources