The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2010

Scottish Statutory Instruments

2010 No. 74

National Assistance Services

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2010

Made

25th February 2010

Laid before the Scottish Parliament

1st March 2010

Coming into force

12th April 2010

The Scottish Ministers make the following Regulations 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 all other powers enabling them to do so.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2010 and come into force on 12th April 2010.

(2) These Regulations extend to Scotland only.

Sum needed for personal requirements

2.  For the purposes of section 22(4) of the National Assistance Act 1948, as applied by section 87(3) and (4) of the Social Work Scotland Act 1968 (the amount which a local authority shall assume that a person will need for their personal requirements per week), the amount prescribed is £22.30.

Revocation

3.  The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2009(3) are revoked.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

25th February 2010

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) and (4) of the Social Work (Scotland) Act 1968 (“the 1968 Act”) requires a local authority to assume in assessing a person’s liability to pay for accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 that they will need for their personal requirements such sum per week as may be prescribed by regulations.

These Regulations prescribe that from 6th April 2010 that sum will be £22.30 per week.

These Regulations revoke the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2009 which previously prescribed £21.90 as the sum persons were assumed to need for personal requirements per week.

(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 exercisable in Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

(2)

1968 c.49 (“the 1968 Act”). Section 87(3) of the 1968 Act was amended by the Social Security Act 1980 (c.30), Schedule 4, paragraph 5(1); the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 20(2); the Social Security Act 1986 (c.50), Schedule 10, paragraph 41(2); the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”), Schedule 9, paragraph 10(13); the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”), section 28(1) and by the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 62(2). Section 87(4) of the 1968 Act was amended by the 1990 Act, Schedule 9, paragraph 10(13) and by the 2003 Act, section 28(1). By virtue of section 87(3) of the 1968 Act, accommodation provided under that Act or under section 25 of the 2003 Act is regarded as accommodation provided under Part III of the National Assistance Act 1948.

(3)

S.S.I. 2009/73.