Statutory Instruments

2005 No. 708

NATIONAL ASSISTANCE SERVICES, ENGLAND

The National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2005

Made

9th March 2005

Laid before Parliament

18th March 2005

Coming into force

11th April 2005

The Secretary of State for Health, in exercise of the powers conferred by section 22(4) of the National Assistance Act 1948(1) and now vested in him(2) and by section 22(5) of that Act and of all other powers enabling him in that behalf, hereby makes the following Regulations:

(1)

1948 c. 29; section 22(5) of the National Assistance Act 1948 (“the 1948 Act”) was amended by section 39(1) of, and paragraph 6 of Schedule 6 to, the Ministry of Social Security Act 1966 (c. 20), by section 35(2) of, and paragraph 3(b) of Schedule 7 to, the Supplementary Benefits Act 1976 (c. 71), by section 20 of, and paragraph 2 of Schedule 4 to, the Social Security Act 1980 (c. 30), and by section 86 of, and paragraph 32 of Schedule 10 to, the Social Security Act 1986 (c. 50). The functions of the Secretary of State under this section, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”), article 2; see the entry in Schedule 1 for the 1948 Act. As respects Scotland, the powers of the Secretary of State to make regulations under section 22(5) of the 1948 Act are applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 (c. 49) (“the 1968 Act”) (as amended by paragraph 10(13) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19)), to persons for whom accommodation is provided under either the 1968 Act or section 7 of the Mental Health (Scotland) Act 1984 (c. 36); see however section 53 of the Scotland Act 1998 (c. 46) (“the 1998 Act”), which provides that functions of a Minister of the Crown under an Act passed before the 1998 Act, in so far as they are exercisable within devolved competence, shall be exercisable by the Scottish Ministers instead of by the Minister of the Crown. The powers to make regulations under section 22(5) of the 1948 Act are within devolved competence for the purposes of section 53 of the 1998 Act.

(2)

See article 2 of the Secretary of State for Social Services Order 1968 (S.I. 1968/1699).