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The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2018

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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 is to 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 £26,500 to £27,250.

Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £16,500 and £26,500 to £17,000 and £27,250 respectively.

Regulation 4 amends the principal Regulations so that the amounts of savings credit to be disregarded from income in accordance with paragraph 28G of Schedule 3 are increased from £6.15 and £9.25 to £6.30 and £9.45 respectively.

Regulation 5 revokes the National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2016 which previously amended the amounts of savings credit to be disregarded, with effect from 11th April 2016; and also revokes the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2017, regulations 2 and 3 of which previously amended the capital limits, with effect from 1st June 2017.

No Business and Regulatory Impact Assessment has been prepared in respect of these Regulations on the basis that there is no foreseeable impact on business, charities or voluntary bodies.

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