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The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2004

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Scottish Statutory Instruments

2004 No. 106

NATIONAL ASSISTANCE SERVICES

The National Assistance (Sums for Personal Requirements) (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(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 on 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 2004 and shall come into force on 12th April 2004.

(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 £18.10 (the previous sum was £17.50(3)).

Revocation

3.  The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003(4) 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)

Section 22(4) of the National Assistance Act 1948 as applied by section 87(3) of the Social Work (Scotland) Act 1968 (“the 1968 Act”) requires a local authority to assume in assessing a person’s ability to pay for accommodation provided under the 1968 Act or section 7 of the Mental Health (Scotland) Act 1984 that he or she will need for his or her personal requirements such sum per week as may be prescribed by regulations.

These Regulations prescribe that from 12 April 2004 that sum will be £18.10 per week.

These Regulations revoke the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003 (S.S.I. 2003/86) which provided for the sum persons were assumed to need from 7th April 2003.

(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 of Personal Requirements) (Scotland) Regulations 2003 (S.S.I. 2003/86), which are revoked by these Regulations.

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