# The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2007, Note: 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.

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Source: https://www.legislation.gov.uk/ssi/2007/102/note (the official version)
Page: https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-regulations-2007/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.