2024 No. 21

National Assistance Services

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2024

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481, as applied by section 87(3) and (4) of the Social Work (Scotland) Act 19682, and all other powers enabling them to do so.

Citation, commencement and extent1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2024 and come into force on 8 April 2024.

2

These Regulations extend to Scotland only.

Amendment of the National Assistance (Assessment of Resources) Regulations 19922

1

The National Assistance (Assessment of Resources) Regulations 19923 are amended in accordance with this regulation.

2

In regulation 20 (capital limit)4 for “£32,750” substitute “£35,000”.

3

In regulation 28(1) (calculation of tariff income from capital)5—

a

in each place it appears, for “£20,250” substitute “£21,500”, and

b

for “£32,750” substitute “£35,000”.

4

In paragraph 28G of schedule 3 (disregard of savings credit)6—

a

in sub-paragraphs (1) and (2), in each place it appears, for “£7.70” substitute “£8.15”, and

b

in sub-paragraphs (3) and (4), in each place it appears, for “£11.45” substitute “£12.10”.

Revocations3

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 20237 are revoked.

MAREE TODDAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (“the 1992 Regulations”). The 1992 Regulations concern the assessment of a person’s ability to pay for accommodation provided under the Social Work (Scotland) Act 1968 (“the 1968 Act”). By virtue of section 87(3) of the 1968 Act, accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 is to be regarded as accommodation provided under Part III of the National Assistance Act 1948.

Regulation 2(2) amends the 1992 Regulations so that the capital limit set out in regulation 20 is increased from £32,750 to £35,000.

Regulation 2(3) amends the 1992 Regulations so that the capital limits set out in regulation 28(1) are increased from £20,250 and £32,750 to £21,500 and £35,000 respectively.

Regulation 2(4) amends the 1992 Regulations so that the amounts of savings credit to be disregarded from income in accordance with paragraph 28G of schedule 3 are increased from £7.70 and £11.45 to £8.15 and £12.10 respectively.

Regulation 3 revokes the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2023.

No Business and Regulatory Impact Assessment has been prepared in respect of these Regulations on the basis that there is no foreseeable impact on business, charities or voluntary bodies.