2001 No. 6
NATIONAL ASSISTANCE SERVICES

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2001

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1.

(1)

These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2001 and shall come into force on 1st February 2001.

(2)

These Regulations extend to Scotland only.

Amendment to the National Assistance (Assessment of Resources) Regulations 19922.

At the end of Schedule 4 (capital to be disregarded) to the National Assistance (Assessment of Resources) Regulations 19922 there is added the following paragraph:–

“20.

Any amount which would be disregarded under paragraph 61 of Schedule 10 to the Income Support Regulations (ex gratia payment made by the Secretary of State in consequence of a person’s imprisonment or internment by the Japanese during the Second World War)3
MALCOLM CHISHOLM
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations make further amendments as regards Scotland to the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”). The principal Regulations concern the assessment of the ability of a person (“a resident”) to pay for accommodation arranged by local authorities under the Social Work (Scotland) Act 1968 and section 7 of the Mental Health (Scotland) Act 1984.

The principal Regulations are amended so that, for the purpose of calculating a resident’s capital, any ex-gratia payment of £10,000 made on or after 1st February 2001 by the Secretary of State in consequence of a person’s imprisonment or internment by the Japanese during the Second World War shall be disregarded as capital.