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Regulation 4 Amendment of the National Assistance (Assessment of Resources) Regulations 1992I1

Scotland

(1)

The National Assistance (Assessment of Resources) Regulations 1992f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2 (interpretation)—

(a)

after the definition of “savings credit”, insert—

  • ““Scottish adult disability living allowance” means disability assistance given in accordance with the Scottish Adult Disability Living Allowance Regulations,

  • “Scottish Adult Disability Living Allowance Regulations” means the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025f2,”,

(b)

in the definition of “short-term assistance” after “Pension Age Disability Payment Regulations” insert “or Part 1 of schedule 1 of the Scottish Adult Disability Living Allowance Regulations”.

(3)

In paragraph 3 of schedule 2 (sums to be disregarded in the calculation of earnings)—

(a)

in sub-paragraph (2)(b)(i) after “mobility supplement,” insert “Scottish adult disability living allowance,”,

(b)

after sub-paragraph (2)(b)(vi) insert—

“(via)

would be in receipt of the care component of Scottish adult disability living allowance had the amount of that component to which the individual is entitled not been reduced to £0 in accordance with regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or regulation 27 (entitlement beginning while in alternative accommodation) of the Scottish Adult Disability Living Allowance Regulations due to the individual being resident in a care home for more than 28 days, or”,

(c)

after sub-paragraph (4) insert—

“(5)

In sub-paragraph (2)(b)(via), “care home” has the meaning given in regulation 2 of the Scottish Adult Disability Living Allowance Regulations.”.

(4)

In schedule 3 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 4, after “mobility component of any disability living allowance,” insert “the mobility component of Scottish adult disability living allowance, or any payment of short-term assistance where the “earlier determination” mentioned in paragraph 1(1)(a) of schedule 1 (entitlement to short-term assistance) of the Scottish Adult Disability Living Allowance Regulations awarded the mobility component of Scottish adult disability living allowance,”,

(b)

in paragraph 6, after sub-paragraph (b) insert—

“(ba)

the care component of Scottish adult disability living allowance,

(bb)

any payment of short-term assistance where the “earlier determination” mentioned in paragraph 1(1)(a) of schedule 1 (short-term assistance) of the Scottish Adult Disability Living Allowance Regulations awarded the care component of Scottish adult disability living allowance;”.

Annotations

Commencement

I1

Reg. 4 in force at 21.3.2025, see reg. 1

Footnotes

f1

S.I. 1992/2977, relevantly amended by S.I. 1993/2230, S.I. 1995/858, S.S.I. 2003/425, S.S.I. 2013/65, S.S.I. 2021/73, S.S.I. 2022/31 and S.S.I. 2024/141.

f2

S.S.I. 2025/XXX.