The National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2020

JurisdictionScotland
CitationSSI 2020/55
Year2020

2020 No. 55

National Assistance Services

The National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2020

Made 20th February 2020

Laid before the Scottish Parliament 24th February 2020

Coming into force 6th April 2020

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.

S-1 Citation, commencement, interpretation and extent

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2020 and come into force on 6 April 2020.

(2) In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 19923.

(3) These Regulations extend to Scotland only.

S-2 Amendment to schedule 4 of the principal Regulations

Amendment to schedule 4 of the principal Regulations

2. In schedule 4 of the principal Regulations (capital to be disregarded), after paragraph 284insert—

S-29

29. Any payment made in accordance with arrangements made by the Scottish Ministers to an individual, for or in connection with the abuse or neglect of a person (P) whilst P was a child who was under the care or responsibility of a body, society or organisation in Scotland other than any payment which is to be disregarded under paragraph 28.

S-30

30. Any payment which would be disregarded under paragraph 73 of schedule 10 of the Income Support Regulations5(payments relating to disability caused by Thalidomide).”.

JEANE FREEMAN

A member of the Scottish Government

St Andrew’s House,

Edinburgh

20th February 2020

EXPLANATORY NOTE

(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 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 amends schedule 4...

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