# The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2007 S.S.I. 2007/102 · made 21 February 2007 These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (S.I. 1992/2977) (“the principal Regulations”). The principal Regulations concern the assessment of a person’s liability 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 (asp 13) shall 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-regulations-2007/pdf/ssi_20070102_en.pdf; Executive Note https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-regulations-2007/pdf/ssien_20070102_en.pdf ## Introductory text NATIONAL ASSISTANCE SERVICES Made 21st February 2007 Laid before the Scottish Parliament 22nd February 2007 Coming into force 9th April 2007 The Scottish Ministers, 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 of all other powers enabling them in that behalf, hereby make the following Regulations: ## 1 Citation, commencement, interpretation and extent (1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2007 and shall come into force on 9th April 2007. (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 regulation 20 of the principal Regulations In regulation 20 (capital limit) of the principal Regulations, for the amount “£20,000”, substitute “£20,750”. ## 3 Amendment to regulation 28(1) of the principal Regulations In regulation 28(1) (calculation of tariff income from capital) of the principal Regulations– (a) for the amount “£12,250” (both times it appears), substitute the amount “£12,500”; and (b) for the amount “£20,000”, substitute the amount “£20,750”. ## 4 Amendment to Schedule 3 to the principal Regulations (1) Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) is amended as follows. (2) For paragraph 28A (child benefit), substitute– “(1) Any child benefit, except in circumstances where a resident is accompanied by the child or qualifying young person in respect of whom the child benefit is payable and accommodation is provided for that child or qualifying young person under Part III of the Act. (2) In this paragraph, “child” and “qualifying young person” have the same meaning as in section 142 of the Contributions and Benefits Act.”. (3) In paragraph 28G (savings credit)– (a) in sub paragraphs (1) and (2), for the amount “£5.05” (each time it appears), substitute the amount “£5.25”; and (b) in sub paragraphs (3) and (4), for the amount “£7.50” (each time it appears), substitute the amount “£7.85”. ## 5 Revocation Regulations 3, 4 and 5(4) of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2006 are revoked. ## Signature LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 21st February 2007 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (S.I. 1992/2977) (“the principal Regulations”). The principal Regulations concern the assessment of a person’s liability 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 (asp 13) shall be regarded as accommodation provided under Part III of the National Assistance Act 1948. Regulation 2 amends the principal Regulations so that the capital limit set out in regulation 20 is increased from £20,000 to £20,750. Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) are increased from £12,250 and £20,000 to £12,500 and £20,750 respectively. Regulation 4 provides for an increase to the amount set out in paragraph 28G of Schedule 3 to the principal Regulations which should be disregarded from the calculation of income other than earnings in the financial assessment when a resident receives savings credit. Regulation 4 also provides for child benefit to be disregarded in the calculation of income, except in certain circumstances. The amendment adds references to “qualifying young person” in order to reflect the amendment to the Social Security Contributions and Benefits Act 1992 by the Child Benefit Act 2005, which provides that child benefit is now payable in respect of both children and young persons. Regulation 5 revokes regulations 3 and 4 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2006 (S.S.I. 2006/113) (“the 2006 Regulations”) which provided the previous capital limits set out in regulations 20 and 28(1) of the principal Regulations. It also revokes regulation 5(4) of the 2006 Regulations which provided the previous amounts disregarded from income as respects savings credit in paragraph 28G of Schedule 3 to the principal Regulations. --- Source: https://www.legislation.gov.uk/ssi/2007/102 (the official version) Page: https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-regulations-2007 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.