2023 No. 19

National Assistance Services

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2023

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 2023 and come into force on 10 April 2023.

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 “£29,750” substitute “£32,750”.

Amendment of regulation 28 of the principal Regulations3

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

a

in each place it appears, for “£18,500” substitute “£20,250”, and

b

for “£29,750” substitute “£32,750”.

Amendment of schedule 3 of the principal Regulations4

In paragraph 28G of schedule 3 of the principal Regulations (disregard of savings credit)6—

a

In sub-paragraphs (1) and (2), in each place it appears, for “£7.30” substitute “£7.70”, and

b

In sub-paragraphs (3) and (4), in each place it appears, for “£10.85” substitute “£11.45”.

Amendment of schedule 4 of the principal Regulations5

After paragraph 347 of schedule 4 of the principal Regulations (capital to be disregarded) insert—

35

Any payment made under the Windrush Compensation Scheme (Expenditure) Act 20208.

Revocations6

The following Regulations are revoked—

a

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 20209,

b

The National Assistance (Assessment of Resources and Sums for Personal Requirements) Amendment (Scotland) Regulations 202110, and

c

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 202211.

KEVIN STEWARTAuthorised to sign by the Scottish MinistersSt 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 ability 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 £29,750 to £32,750.

Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £18,500 and £29,750 to £20,250 and £32,750 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 £7.30 and £10.85 to £7.70 and £11.45 respectively.

Schedule 4 of the principal Regulations sets out categories of capital which must be disregarded in the financial assessment of a person’s resources.

Regulation 5 amends schedule 4 to provide that a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020 shall be disregarded as capital in the financial assessment of a person’s resources.

Regulation 6 revokes the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2020, the National Assistance (Assessment of Resources and Sums for Personal Requirements) Amendment (Scotland) Regulations 2021 and the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2022.

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.