2003 No. 156
The National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2003
Made
Laid before the Scottish Parliament
Coming into force in accordance with Regulation 1(1)
The Scottish Ministers, in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481 (including that provision as applied by section 87(3) and (4) of the Social Work (Scotland) Act 19682) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement, interpretation and extent1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2003 and shall come into force–
a
for the purposes of this regulation and regulations 2(1), 3, 4(a) and 5(1) and (3) on 1st April 2003; and
b
for the purposes of regulations 2(2), 4(b) and 5(2) on 7th April 2003.
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 2 of the principal Regulations2
1
In regulation 2(1) of the principal Regulations (interpretation)–
a
b
omit the definition of “invalid care allowance”;
2
In regulation 2(1) of the principal Regulations, insert the following definitions at the appropriate place:–
“child tax credit” means a child tax credit under the Tax Credits Act 20026;
“guardian’s allowance” means a guardian’s allowance under the Contributions and Benefits Act 20027;
“working tax credit” means a working tax credit under the Tax Credits Act 20028;
Amendment of Schedule 2 to the principal Regulations3
In paragraph 3(2)(a) of Schedule 2 to the principal Regulations (sums to be disregarded in the calculation of earnings), for the words “an invalid care allowance” substitute the words “a carer’s allowance”9.
Amendment of Schedule 3 to the principal Regulations4
In Schedule 3, Part I, to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 28C10, insert–
a
28D
Any payment made by a local authority to or on behalf of a resident relating to housing support services in respect of which Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 200111 where the resident qualified for that payment.
b
28E
Any guardian’s allowance
28F
Any child tax credit.
Amendment of Schedule 4 to the principal Regulations5
1
In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 2, insert–
2A
Where a resident has ceased to occupy a dwelling, which was formerly occupied as the home, following that resident’s estrangement or divorce from their former partner, the value of that resident’s interest in that dwelling where it is still occupied as the home by the former partner who is a lone parent.
2
In Schedule 4 to the principal Regulations after paragraph 6, insert–
6A
Any arrears of, or any concessionary payment made to compensate for arrears due to the non payment of–
a
working families' tax credit under section 128 of the Contributions and Benefits Act12;
b
disabled person’s tax credit under section 129 of the Contributions and Benefits Act13;
c
child tax credit; or
d
working tax credit,
but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.
3
In Schedule 4 to the principal Regulations after paragraph 2114, insert–
22
Any payment made by a local authority to or on behalf of a resident relating to housing support services in respect of which the Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 200115 where the resident qualified for that payment.
(This note is not part of the Regulations)