Explanatory note

These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (“the 1992 Regulations”). The 1992 Regulations concern the assessment of a person’s ability 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(2) amends the 1992 Regulations so that the capital limit set out in regulation 20 is increased from £35,000 to £35,500.

Regulation 2(3) amends the 1992 Regulations so that the capital limits set out in regulation 28(1) are increased from £21,500 and £35,000 to £22,000 and £35,500 respectively.

Regulation 2(4) amends the 1992 Regulations so that the amounts of savings credit to be disregarded from income in accordance with paragraph 28G of schedule 3 are increased from £8.15 and £12.10 to £8.50 and £12.60 respectively.

Schedule 4 of the 1992 Regulations sets out categories of capital which must be disregarded in the financial assessment of a person’s resources.

Regulation 2(5) amends schedule 4 to provide for ten new categories of payments that will be disregarded as capital in the financial assessment of a person’s resources. These are: payments made under an infected blood payment scheme, and, in certain circumstances, payments made by or out of the estates of certain recipients of those schemes; payments made to victims of the failings of the Post Office computer system, Horizon; payments made to victims of the Grenfell Tower fire; payments made to LGBT veterans who were impacted by the ban on LGBT personnel in the armed forces of the Crown from 1967 to 2000; and payments made to people left severely disabled as a result of certain vaccinations and to their partners.

Regulation 3 revokes the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2024.

No Business and Regulatory Impact Assessment has been prepared in respect of these Regulations on the basis that there is no foreseeable impact on business, charities or voluntary bodies.

Equality Impact Assessments have been carried out for each of the new payments disregarded.