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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2009 No. 72 URL: http://www.bailii.org/scot/legis/num_reg/2009/ssi_20090072_en_1.html |
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Made
24th February 2009
Laid before the Scottish Parliament
25th February 2009
Coming into force
6th April 2009
1.–(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2009 and come into force on 6th April 2009.
(2) In these Regulations "the principal Regulations" means the National Assistance (Assessment of Resources) Regulations 1992(3).
(3) These Regulations extend to Scotland only.
2. In regulation 20 of the principal Regulations (capital limit)(4) for "£21,500" substitute "£22,500".
3. In regulation 28(1) of the principal Regulations (calculation of tariff income from capital)(5)-
(a) for "£13,000" (both times it appears) substitute "£13,750"; and
(b) for "£21,500" substitute "£22,500".
4. In paragraph 28G of Part I of Schedule 3 to the principal Regulations (disregard of savings credit)(6)-
(a) in sub-paragraphs (1) and (2) for "£5.45" (each time it appears) substitute "£5.65"; and
(b) in sub-paragraphs (3) and (4) for £8.15" (each time it appears) substitute "£8.45".
5. The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2008(7) are revoked.
S ROBISON
Authorised to sign by the Scottish Ministers
St Andrew´s House,
Edinburgh
24th February 2009
(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 shall 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 £21,500 to £22,500.
Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £13,000 and £21,500 to £13,750 and £22,500 respectively.
Regulation 4 provides for an increase to the amount set out in paragraph 28G of Schedule 3 to the principal Regulations which should be disregarded from the calculation of income other than earnings, in the financial assessment when a resident receives savings credit. The amount to be disregarded is increased from £5.45 for single persons and £8.15 for couples, per week, to £5.65 and £8.45 respectively.
Regulation 5 revokes the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2008 which provided the previous capital limits set out in regulations 20 and 28(1) of the principal Regulations and the previous amounts disregarded from income as respects savings credit in paragraph 28G of Schedule 3 to the principal Regulations.
1948 c. 29. Section 22(5) was relevantly amended by the Social Security Act 1980 (c. 30), Schedule 4, paragraph 2(1). The functions of the Secretary of State so far as exercisable in Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46). Back [1]
1968 c. 49 ("the 1968 Act"). Section 87(3) of the 1968 Act was amended by the Social Security Act 1980 (c. 30), Schedule 4, paragraph 5(1); the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(2); the Social Security Act 1986 (c. 50), Schedule 10, paragraph 41(2); the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), Schedule 9, paragraph 10(13) and the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ("the 2003 Act"), section 28(1). Section 87(4) of the 1968 Act was amended by the 1990 Act, Schedule 9, paragraph 10(13) and by the 2003 Act, section 28(1). By virtue of section 87(3) of the 1968 Act, accommodation provided under that Act or under section 25 of the 2003 Act is regarded as accommodation provided under Part III of the National Assistance Act 1948. Back [2]
S.I. 1992/2977; relevantly amended by S.I. 1996/602 and 1997/485, and by S.S.I. 2001/105 and 138, 2003/425, 2004/103, 2005/82, 2006/113, 2007/102 and 2008/13. Back [3]
Regulation 20 was amended by S.I. 1996/602 and S.S.I. 2001/105 and 138, 2004/103, 2005/82, 2006/113, 2007/102 and 2008/13. Back [4]
Regulation 28 was amended by S.I. 1996/602 and S.S.I. 2001/105 and 138, 2004/103, 2005/82, 2006/113, 2007/102 and 2008/13. Back [5]