2008 No. 13

NATIONAL ASSISTANCE SERVICES

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2008

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations 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 all other powers enabling them to do so.

Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2008 and come into force on 7th April 2008.

2

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

3

These Regulations extend to Scotland only.

Amendment to regulation 20 of the principal Regulations2

In regulation 20 of the principal Regulations (capital limit) for “£20,750” substitute “£21,500”4.

Amendment to regulation 28 of the principal Regulations3

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

a

for “£12,500” (both times it appears) substitute “£13,000”; and

b

for “£20,750” substitute “£21,500”.

Amendment to Schedule 3 to the principal Regulations4

In paragraph 28G of Part I of Schedule 3 to the principal Regulations (disregard of savings credit)6–

a

in sub-paragraphs (1) and (2) for “£5.25” (each time it appears) substitute “£5.45”; and

b

in sub-paragraphs (3) and (4) for “£7.85” (each time it appears) substitute “£8.15”.

Revocation5

Regulations 2, 3 and 4(3) of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 20077 are revoked.

S ROBISONAuthorised 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 (“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 the principal Regulations so that the capital limit set out in regulation 20 is increased from £20,750 to £21,500.

Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £12,500 and £20,750 to £13,000 and £21,500 respectively.

Regulation 4 provides for an increase to the amount set out in paragraph 28G of Schedule 3 to the principal Regulations which should be disregarded from the calculation of income other than earnings, in the financial assessment when a resident receives savings credit. The amount to be so disregarded is increased from £5.25 for single persons and £7.85 for couples, per week, to £5.45 and £8.15 respectively.

Regulation 5 revokes regulations 2 and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2007 (“the 2007 Regulations”) which provided the previous capital limits set out in regulations 20 and 28(1) of the principal Regulations. It also revokes regulation 4(3) of the 2007 Regulations which provided the previous amounts disregarded from income as respects savings credit in paragraph 28G of Schedule 3 to the principal Regulations.