2004 No. 389
NATIONAL ASSISTANCE SERVICES

The National Assistance (Assessment of Resources) Amendment (No. 2) (Scotland) Regulations 2004

Made
Laid before the Scottish Parliament
Coming into force
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 2004 and shall come into force on 4th October 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 Schedule 3 to the principal Regulations2.

In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 28I4 insert–

“28J.

Where the resident is a student, any payment intended for the child care costs of a child dependant of the resident.”

Amendment of Schedule 4 to the principal Regulations3.

In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 235 insert–

“24.

Any payment made under section 2 or 3 of the Age Related Payments Act 20046;

25.

Where the resident is a student, any payment intended for the child care costs of a child dependant of the resident.”

TOM McCABE
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 (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 amends Schedule 3 to the principal Regulations to provide that any payments to students intended to meet the child care costs of their dependant children are to be disregarded as income in the financial assessment of that person’s resources.

Regulation 3 amends Schedule 4 to the principal Regulations to provide that payments made under section 2 or 3 of the Age Related Payments Act 2004 (c. 10) and that any payments to students intended to meet the child care costs of their dependant children are to be disregarded as capital in the financial assessment of that person’s resources.