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The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2012

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Scottish Statutory Instruments

2012 No. 68

National Assistance Services

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2012

Made

28th February 2012

Laid before the Scottish Parliament

1st March 2012

Coming into force

9th April 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(5) 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, interpretation and extent

1.  (1)  These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2012 and come into force on 9th April 2012.

(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 of the principal Regulations (capital limit)(4) for “£23,500” substitute “£24,750”.

Amendment of regulation 28 of the principal Regulations

3.  In regulation 28(1) of the principal Regulations (calculation of tariff income from capital)(5)—

(a)for “£14,500” (in each place it appears) substitute “£15,250”; and

(b)for “£23,500” substitute “24,750”.

Revocations

4.  Regulations 2 and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2011(6) are revoked.

NICOLA STURGEON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

28th February 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (“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 (“the 1968 Act”). By virtue of section 87(3) of the 1968 Act, accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 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 £23,500 to £24,750.

Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £14,500 and £23,500 to £15,250 and £24,750 respectively.

Regulation 4 revokes regulations 2 and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2011 which provided the capital limits set out in regulations 20 and 28(1) of the principal Regulations for the year beginning 9th April 2011.

(1)

1948 c.29 (11 and 12 Geo. 6). Section 22(5) was relevantly amended by the Social Security Act 1980 (c.30), Schedule 4, paragraph 2(1). The functions of the Secretary of State so far as exercisable within devolved competence 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 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.

(4)

Regulation 20 was relevantly amended by S.I. 1996/602 and S.S.I. 2001/105 and 138, 2004/103, 2005/82, 2006/113, 2007/102, 2008/13, 2009/72, 2010/73 and 2011/124.

(5)

Regulation 28 was relevantly amended by S.I. 1996/602 and S.S.I. 2001/105 and 138, 2004/103, 2005/82, 2006/113, 2007/102, 2008/13, 2009/72, 2010/73 and 2011/124.

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