2005 No. 522

NATIONAL ASSISTANCE SERVICES

The National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481 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 and extent1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2005 and shall come into force on 7th November 2005.

2

These Regulations extend to Scotland only.

Amendment of Schedule 4 to the National Assistance (Assessment of Resources) Regulations2

In Schedule 4 to the National Assistance (Assessment of Resources) Regulations 19923 (capital to be disregarded), after paragraph 25 4, insert–

26

Any payment made to the resident under regulations made under section 7 of the Age Related Payments Act 20045.

LEWIS MACDONALDAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

(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 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 (asp 13) shall be regarded as accommodation provided under Part III of the National Assistance Act 1948.

Regulation 2 amends Schedule 4 to the principal Regulations to provide that any payments made under section 7 of the Age Related Payments Act 2004 are to be disregarded as capital in the financial assessment of that person’s resources.