The National Assistance (Assessment of Resources) Amendment (No. 3) (Scotland) Regulations 2003

Made10th September 2003

Laid before the Scottish Parliament11th September 2003

Coming into force6th October 2003

The Scottish Ministers, in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481 (including that provision as applied by section 87(3) and (4) of the Social Work (Scotland) Act 19682), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (No. 3) (Scotland) Regulations 2003 and shall come into force on 6th October 2003.

2

In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 19923.

3

These Regulations extend to Scotland only.

Amendment of regulation 2 of the principal Regulations2

In regulation 2(1) of the principal Regulations (interpretation), insert the following definitions at the appropriate place:–

“savings credit” means a savings credit under the State Pension Credit Act 20024
“the State Pension Credit Regulations” means the State Pension Credit Regulations 20025.

Amendment of Schedule 3 to the principal Regulations3

In Schedule 3 Part I to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 28F6, insert–

28G
1
Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee –
a
the amount of that savings credit where the amount received is £4.50 or less; or
b
£4.50 of that savings credit where the amount received is greater than £4.50.
2
Where a resident–
a
has no partner;
b
has attained the age of 65; and
c
has qualifying income in excess of the standard minimum guarantee,
a sum of £4.50.
3
Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee –
a
the amount of that savings credit where the amount received is £6.75 or less; or
b
£6.75 of that savings credit where the amount received is greater than £6.75.
4
Where a resident receives a savings credit and–
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 £6.75.
5
Where a resident–
a
has a partner and this paragraph has not been applied to that partner where that partner is also a resident;
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 £6.75.
6
For the purposes of this paragraph–
a
a resident has a partner if he would be considered to have a partner for the purposes of the State Pension Credit Regulations7;
b
“qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 20028;
c
“qualifying income” shall be construed in accordance with regulation 9 of the State Pension Credit Regulations and for the purposes of sub-paragraphs (3), (4) and (5) the resident’s qualifying income shall include any qualifying income of that resident’s partner;
d
“standard minimum guarantee” means, for the purposes of
i
sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the State Pension Credit Regulations; and
ii
sub-paragraphs (3), (4) and (5), the amount prescribed by regulation 6(1)(a) of the State Pension Credit Regulations.
28H
Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19(1)(b) or (c) of the Coal Industry Act 19949.

TOM McCABE

Authorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh10th September 2003

(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 the ability of a person to pay for accommodation arranged by local authorities under Part III of the National Assistance Act 1948 (the “1948 Act”). By virtue of section 87(3) of the Social Work (Scotland) Act 1968 (c. 49) (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 1948 Act.

Regulation 2 inserts new definitions into the principal Regulations.

Schedule 3 to the principal Regulations set out the income of a resident which is to be disregarded from the assessment of a resident's liability.

Regulation 3 adds new disregards into Schedule 3 to the principal Regulations. It provides that where a resident receives savings credit of £4.50 or less, that amount should be disregarded from the financial assessment. Where the resident's qualifying income exceeds the standard minimum guarantee, £4.50 should be disregarded.

Where a resident would be considered to have a partner for the purposes of the State Pension Credit Regulations (S.I.2002/1792) and that resident receives a savings credit of £6.75 or less, that amount should be disregarded from the assessment. Where a resident has such a partner and their qualifying income exceeds the standard minimum guarantee, £6.75 should be disregarded from the assessment, provided that the partner has not benefited from the same disregard.

Regulation 3 also disregards, in respect of temporary residents only, payments made in lieu of concessionary coal (within the meaning of the Coal Industry Act 1994 (c. 21)).