The National Assistance (Sums for Personal Requirements) (Scotland) (No. 2) Regulations 2016

Made2nd February 2016

Laid before the Scottish Parliament4th February 2016

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(4) 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 and extent1

1

These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (Scotland) (No. 2) Regulations 2016.

2

Subject to paragraph (3), these Regulations come into force on 3rd April 2016.

3

Regulations 2 and 3(2) come into force on 11th April 2016.

4

These Regulations extend to Scotland only.

Sum needed for personal requirements2

For the purposes of section 22(4) of the National Assistance Act 1948, as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 (the amount which a local authority shall assume that a person will need for their personal requirements per week), the amount prescribed is £25.80.

Revocation3

1

The National Assistance (Sums for Personal Requirement) (Scotland) Regulations 20163 are revoked.

2

The National Assistance (Sums for Personal Requirement) (Scotland) Regulations 20154 are revoked.

SHONA ROBISONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh2nd February 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 22(4) of the National Assistance Act 1948 as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 (“the 1968 Act”) requires a local authority to assume in assessing a person’s liability to pay for accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 that they will need for their personal requirements such sum per week as may be prescribed by regulations.

These Regulations prescribe the sum which will be £25.80 per week from 11th April 2016.

Regulation 3(1) revokes the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2016 (S.S.I. 2016/23).

Regulation 3(2) revokes the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2015 which prescribed £25.05 as the sum persons were assumed to need for personal requirements per week for the year commencing 6th April 2015.

No Business and Regulatory Impact Assessment has been prepared in respect of these Regulations on the basis that there is no foreseeable impact on business, charities or voluntary bodies.