Explanatory note

These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”). The principal Regulations concern the assessment of a person’s ability to pay for accommodation arranged by local authorities under Part III of the National Assistance Act 1948, the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984. Schedule 4 to those Regulations sets out sums to be disregarded in calculating such a person’s capital, and some of those sums are specified by reference to the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the 1987 Regulations”).

Regulation 2 replaces a provision in Schedule 4 to the principal Regulations to reflect a change in the 1987 Regulations. It provides a disregard in respect of any interest in property which a resident will or may possess in the future but does not possess at the time his ability to pay for his accommodation is assessed. It does not apply to such interests where the property in question is land or premises in respect of which the resident has granted a subsisting lease or tenancy or a subsisting sub-lease or sub-tenancy.

These Regulations do not impose a charge on business.