The National Assistance (Assessment of Resources) Amendment (No. 4) (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (S.I. 1992/2977) (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 (c. 49) (the “1968 Act”). By virtue of section 87(3) of 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 National Assistance Act 1948.

Regulation 2 inserts new definitions in the principal Regulations.

Regulation 3 provides that periodical payments made in consequence of personal injury should be disregarded for the financial assessment.

Regulation 4(1) and (3) provide that periodical payments made in consequence of personal injury should be disregarded for the financial assessment.

Regulation 4(2) provides that any direct payment made under the 1968 Act to or on behalf of the resident shall be disregarded for the financial assessment unless it was made for the purpose of funding that resident’s residential accommodation.

Regulation 5 adds a new disregard into Schedule 4 to the principal Regulations for direct payments made under section 12B of the 1968 Act, unless the payment was made for the purpose of funding residential accommodation.