Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2004 and shall come into force on 12th April 2004.

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 20 of the principal Regulations2

In regulation 20 (capital limit) of the principal Regulations, for the amount “£18,500”, substitute the amount “£19,000”4.

Amendment of regulation 28(1) of the principal Regulations3

In regulation 28(1) (calculation of tariff income from capital) of the principal Regulations

a

for the amount “£11,500” (both times it appears) substitute the amount “£11,750”5; and

b

for the amount “£18,500” substitute the amount “£19,000”6.

Amendment of Schedule 3 to the principal Regulations4

In paragraph 28G of Schedule 3 to the principal Regulations7 (sums to be disregarded in the calculation of income other than earnings)–

a

in sub-paragraphs (1) and (2), for the amount “£4.50” (each time it appears) substitute the amount “£4.65”;

b

in sub-paragraph (3), for the amount “£6.75” (each time it appears) substitute the amount “£6.95”; and

c

for sub-paragraphs (4) and (5) substitute the following sub-paragraphs–

4

Subject to sub-paragraph (5) where a resident–

a

has a partner;

b

has–

i

attained the age of 65; or

ii

has attained the qualifying age and his partner has attained the age of 65; and

c

has qualifying income in excess of the standard minimum guarantee,

a sum of £6.95.

5

Where–

a

the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, or

b

the resident’s partner is in receipt of savings credit,

sub paragraph (4) does not apply to the resident.

Revocation5

Regulations 3 and 4 of the National Assistance (Assessment of Resources) Amendment (No. 3) (Scotland) Regulations 20018 are hereby revoked.

TOM McCABEAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh