2022 No. 70

National Assistance Services

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2022

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(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 extentI11

1

These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2022 and come into force on 11 April 2022.

2

These Regulations extend to Scotland only.

Annotations:
Commencement Information
I1

Reg. 1 in force at 11.4.2022, see reg. 1(1)

Sum needed for personal requirementsI22

For the purpose 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 is to assume that a person will need for their personal requirements per week is £31.00.

Annotations:
Commencement Information
I2

Reg. 2 in force at 11.4.2022, see reg. 1(1)

Revocations

I33

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 20213 are revoked.

Annotations:
Commencement Information
I3

Reg. 3 in force at 11.4.2022, see reg. 1(1)

I44

Regulation 3 of the National Assistance (Assessment of Resources and Sums for Personal Requirements) Amendment (Scotland) Regulations 20214 is revoked.

Annotations:
Commencement Information
I4

Reg. 4 in force at 11.4.2022, see reg. 1(1)

HUMZA YOUSAFA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the amount which a local authority shall assume that a person will need for their personal requirements per week, in assessing the person’s liability to pay for accommodation provided under the Social Work (Scotland) Act 1968 (“the 1968 Act”) or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Section 22(4) of the National Assistance Act 1948 as applied by section 87(3) and (4) of 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 the person will need for their personal requirements such sum per week as may be prescribed by regulations.

These Regulations prescribe the sum which will be £31.00 per week from 11 April 2021.

These Regulations revoke the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2021 and regulation 3 of the National Assistance (Assessment of Resources and Sums for Personal Requirements) Amendment (Scotland) Regulations 2021 which previously prescribed £29.30 as the sum persons were assumed to need for personal requirements per week with effect from 12 April 2021.

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.