The National Assistance (Assessment of Resources) Amendment (Scotland) 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 1948 , as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 , 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) 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) These Regulations extend to Scotland only.

Amendment of regulation 20 of the principal Regulations

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 28 of the principal Regulations

3

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

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of schedule 3 of the principal Regulations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation

5

The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2019 are revoked.

Signed

JEANE FREEMAN — A member of the Scottish Government — 2020-02-20

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1948 c.29 (11 & 12 Geo.6) (“the 1948 Act”). Section 22(5) was relevantly amended by paragraph 2(1) of schedule 4 of the Social Security Act 1980 (c.30). The functions of the Secretary of State so far as exercisable within devolved competence were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 1968 c.49 (“the 1968 Act”). Section 87(3) of the 1968 Act was amended by section 28(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”) and by section 62(2) of the Adult Support and Protection (Scotland) Act 2007 (asp 10). Section 87(4) of the 1968 Act was amended by section 28(1) of the 2003 Act. By virtue of section 87(3) of the 1968 Act, accommodation provided under that Act or under section 25 of the 2003 Act is regarded as accommodation provided under Part III of the 1948 Act.

[^f00003]: S.I. 1992/2977.

[^f00004]: Regulation 20 as it relates to Scotland was relevantly amended by S.I. 1996/602 and by S.S.I. 2019/12.

[^f00005]: Regulation 28 as it relates to Scotland was relevantly amended by S.I. 1996/602 and by S.S.I. 2019/12.

[^f00006]: Paragraph 28G as it relates to Scotland was inserted by S.S.I. 2003/425 and was relevantly amended by S.S.I. 2019/12.

[^f00007]: S.S.I. 2019/12.

Editorial notes

[^c23982131]: 1948 c.29 (11 & 12 Geo.6) (“the 1948 Act”). Section 22(5) was relevantly amended by paragraph 2(1) of schedule 4 of the Social Security Act 1980 (c.30). The functions of the Secretary of State so far as exercisable within devolved competence were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

[^c23982141]: 1968 c.49 (“the 1968 Act”). Section 87(3) of the 1968 Act was amended by section 28(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”) and by section 62(2) of the Adult Support and Protection (Scotland) Act 2007 (asp 10). Section 87(4) of the 1968 Act was amended by section 28(1) of the 2003 Act. By virtue of section 87(3) of the 1968 Act, accommodation provided under that Act or under section 25 of the 2003 Act is regarded as accommodation provided under Part III of the 1948 Act.

[^c23982151]: S.I. 1992/2977.

[^c23982171]: Regulation 28 as it relates to Scotland was relevantly amended by S.I. 1996/602 and by S.S.I. 2019/12.

[^c23982191]: S.S.I. 2019/12.

[^key-9ba2659702d348f0da7073c47e7b6ef6]: Reg. 1 in force at 6.4.2020, see reg. 1(1)

[^key-179e912945f318e6c30dd5a24d1aba37]: Reg. 3 in force at 6.4.2020, see reg. 1(1)

[^key-6244115e8d8c993ac3e46c911bb68ac2]: Reg. 5 in force at 6.4.2020, see reg. 1(1)

[^key-d1d6a44d7e8fded8c1791d2524e3761d]: Reg. 2 revoked (12.4.2021) by The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2021 (S.S.I. 2021/77), regs. 1(1), 5 (as amended by S.S.I. 2021/115, reg. 2(2))

[^key-7b2f5deef778b46d7956b979243c9b44]: Reg. 3(b) revoked (12.4.2021) by The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2021 (S.S.I. 2021/77), regs. 1(1), 5 (as amended by S.S.I. 2021/115, reg. 2(2))

[^key-06d24e933c1e73018eca5c2d05d84ab8]: Reg. 4 revoked (12.4.2021) by The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2021 (S.S.I. 2021/77), regs. 1(1), 5 (as amended by S.S.I. 2021/115, reg. 2(2))

[^key-5a11b80782ce08addc789622d2b98823]: Reg. 3(a) revoked (11.4.2022) by The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2022 (S.S.I. 2022/71), regs. 1(1), 5(a)