2003 No. 156
NATIONAL ASSISTANCE SERVICES

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)

insert the following definitions at the appropriate place:–
““carer’s allowance” means a carer’s allowance under the Contributions and Benefits Act4;”;
““lone parent” has the same meaning as in the Income Support Regulations5;”; and

(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.”; and

(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.”.
FRANCIS McAVEETY
Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

(This note is not part of the Regulations)

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.