The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2005

Explanatory Note

(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 (c. 49) (“the 1968 Act”). By virtue of section 87(3) of 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 National Assistance Act 1948.

Regulation 2 amends the principal Regulations so that the capital limit set out in regulation 20 is increased from £19,000 to £19,500 Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £11,750 and £19,000 to £12,000 and £19,500.

Regulation 4 provides for an increase to the amount which should be disregarded from the calculation of income other than earnings from the financial assessment where a resident receives savings credit.

Regulation 5 revokes regulations 2 and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/103) (“the 2004 Regulations”) which provided the previous capital limits set out in regulations 20 and 28(1) of the principal Regulations. It also revokes regulation 4(a) and (b) of the 2004 Regulations which provided the previous amounts disregarded from income as respects savings credit in paragraph 28G of Schedule 3 to the principal Regulations.