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

Publication Date:January 01, 2020

2020No. 55

NATIONAL ASSISTANCE SERVICES

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

Made20thFebruary2020

Laid before the Scottish Parliament24thFebruary2020

Coming into force6thApril2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(5) of the National Assistance Act 1948( 1), as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968( 2), and all other powers enabling them to do so.

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 1992( 3).

(3) These Regulations extend to Scotland only.

Amendment to schedule 4 of the principal Regulations

2. In schedule 4 of the principal Regulations (capital to be disregarded), after paragraph 28( 4) insert—

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.

30. Any payment which would be disregarded under paragraph 73 of schedule 10 of the Income Support Regulations( 5) (payments relating to disability caused by Thalidomide).”.

St Andrew's House,

Edinburgh

20th February 2020

JEANE FREEMAN

A member of the Scottish Government

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 of the principal Regulations to provide that certain payments are to be ignored as capital in the financial...

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