# The National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2019

S.S.I. 2019/191 · made 28 May 2019

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.

Made under: 1948 c. 29 (Section 22); Social Work (Scotland) Act 1968 (Section 87)

PDFs: Printed copy https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-no-2-regulations-2019/pdf/ssi_20190191_en.pdf; Policy Note https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-no-2-regulations-2019/pdf/ssipn_20190191_en.pdf

## Introductory text

National Assistance Services
Made 28th May 2019
Laid before the Scottish Parliament 30th May 2019
Coming into force 28th June 2019
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.

## 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2019 and come into force on 28 June 2019.
(2) In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 1992.
(3) These Regulations extend to Scotland only.

## 2 Amendment to schedule 4 of the principal Regulations

In schedule 4 of the principal Regulations (capital to be disregarded), after paragraph 27 insert–
“28. Any ex gratia payment made at the discretion of the Scottish Ministers from the Advance Payment Scheme which the Scottish Ministers set up in respect of cases of historical child abuse in care.”

## Signature

JEANE FREEMAN
A member of the Scottish Government
St Andrew’s House,
Edinburgh
28th May 2019

## 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 an ex gratia discretionary payment made to a resident in terms of the Advance Payment Scheme for historical child abuse in care cases shall be disregarded as capital in the financial assessment of the resident’s resources.

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Source: https://www.legislation.gov.uk/ssi/2019/191 (the official version)
Page: https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-no-2-regulations-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.