2012 No. 68

National Assistance Services

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2012

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 2012 and come into force on 9th April 2012.

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 20 of the principal Regulations2

In regulation 20 of the principal Regulations (capital limit)4 for “£23,500” substitute “£24,750”.

Amendment of regulation 28 of the principal Regulations3

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

a

for “£14,500” (in each place it appears) substitute “£15,250”; and

b

for “£23,500” substitute “24,750”.

Revocations4

Regulations 2 and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 20116 are revoked.

NICOLA STURGEONA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
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 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 £23,500 to £24,750.

Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £14,500 and £23,500 to £15,250 and £24,750 respectively.

Regulation 4 revokes regulations 2 and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2011 which provided the capital limits set out in regulations 20 and 28(1) of the principal Regulations for the year beginning 9th April 2011.