The National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2003
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)
(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)
““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.
Amendment of Schedule 3 to the principal Regulations4.
(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.”; and
(b)
“28E.
Any guardian’s allowance
28F.
Any child tax credit.”.
Amendment of Schedule 4 to the principal Regulations5.
(1)
“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)
“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)
“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.”.
St Andrew’s House, Edinburgh
These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (SI 1992/2977) (“the principal Regulations”). The principal Regulations concern the assessment of the ability of a person to pay for accommodation arranged by local authorities under Part III of the National Assistance Act 1948 (the “1948 Act”). By virtue of section 87(3) the Social Work (Scotland) Act 1968 (c. 49) (the “1968 Act”) accommodation provided under the 1968 Act or section 7 of the Mental Health (Scotland) Act 1984 (c. 36) shall be regarded as accommodation provided under Part III of the 1948 Act.
Regulation 2 inserts certain definitions into the principal Regulations and removes an obsolete definition.
Regulation 3 amends Schedule 2 to the principal regulations and substitutes the term “carers allowance” in place of invalid care allowance, which will cease to exist.
Regulations 4(a) and 5(3) amend Schedules 3 and 4 to the principal Regulations to provide that payments made to or on behalf of residents relating to housing support services in respect of which the Scottish Ministers have paid a grant to a local authority under section 91(1) of the Housing (Scotland) Act 2001 (asp 10) shall be disregarded as income or capital in the financial assessment of that person’s resources.
Regulation 4(b) amends Schedule 3 to the principal Regulations to provide that guardian’s allowance and child tax credit shall be disregarded in the financial assessment of a resident’s income.
Regulation 5(1) amends Schedule 4 to the principal Regulations to provide that the value of a dwelling which the resident has ceased to occupy following estrangement or divorce where the dwelling is still occupied as a home by the former partner who is a lone parent shall be disregarded as capital in the financial assessment of the resident’s resources
Regulation 5(2) amends Schedule 4 to the principal Regulations to provide that any arrears, or any concessionary payment to compensate for arrears due to the non-payment of tax credits for a period of 52 weeks, shall be disregarded as capital in the financial assessment of the resident’s resources.