2020 No. 54
National Assistance Services

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2020

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 1948 M1, as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 M2, 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 2020 and come into force on 6 April 2020.

(2)

In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 1992 M3.

(3)

These Regulations extend to Scotland only.

Amendment of regulation 20 of the principal RegulationsF12.

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Amendment of regulation 28 of the principal Regulations3.

In regulation 28(1) of the principal Regulations (calculation of income from capital) M4—

F2(a)

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F3(b)

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Amendment of schedule 3 of the principal RegulationsF44.

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Revocation5.

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2019 M5 are revoked.

JEANE FREEMAN
A member of the Scottish Government

St 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 is to 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 £28,000 to £28,500.

Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £17,500 and £28,000 to £18,000 and £28,500 respectively.

Regulation 4 amends the principal Regulations so that the amounts of savings credit to be disregarded from income in accordance with paragraph 28G of schedule 3 are increased from £6.50 and £9.70 to £6.75 and £10.05 respectively.

Regulation 5 revokes the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2019.

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.