EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (“the 1992 Regulations”). The 1992 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(2) amends the 1992 Regulations so that the capital limit set out in regulation 20 is increased from £32,750 to £35,000.

Regulation 2(3) amends the 1992 Regulations so that the capital limits set out in regulation 28(1) are increased from £20,250 and £32,750 to £21,500 and £35,000 respectively.

Regulation 2(4) amends the 1992 Regulations so that the amounts of savings credit to be disregarded from income in accordance with paragraph 28G of schedule 3 are increased from £7.70 and £11.45 to £8.15 and £12.10 respectively.

Regulation 3 revokes the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2023.

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.