# The National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2026

S.S.I. 2026/42 · made 29 January 2026

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.

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-2026/pdf/ssi_20260042_en.pdf; Policy Note https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-regulations-2026/pdf/ssipn_20260042_en_001.pdf

## Introductory text

NATIONAL ASSISTANCE SERVICES
Made 29th January 2026
Laid before the Scottish Parliament 2nd February 2026
Coming into force 6th April 2026
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 and extent

(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2026 and come into force on 6 April 2026.
(2) These Regulations extend to Scotland only.

## 2 Amendment of the National Assistance (Assessment of Resources) Regulations 1992

(1) The National Assistance (Assessment of Resources) Regulations 1992 are amended in accordance with this regulation.
(2) In regulation 20 (capital limit) for “£35,500” substitute “£36,750”.
(3) In regulation 28(1) (calculation of tariff income from capital)—
(a) in each place it appears, for “£22,000” substitute “£22,750”, and
(b) for “£35,500” substitute “£36,750”.
(4) In paragraph 28G of schedule 3 (disregard of savings credit)—
(a) in sub-paragraphs (1) and (2), in each place it appears, for “£8.50” substitute “£8.95”, and
(b) in sub-paragraphs (3) and (4), in each place it appears, for “£12.60” substitute “£13.25”.

## 3 Revocation

Regulations 2(2) to 2(4) and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2025 are revoked.

## Signature

TOM ARTHUR
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
29th January 2026

## Explanatory note

(This note is not part of the Regulations)
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 £35,500 to £36,750.
Regulation 2(3) amends the 1992 Regulations so that the capital limits set out in regulation 28(1) are increased from £22,000 and £35,500 to £22,750 and £36,750 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 £8.50 and £12.60 to £8.95 and £13.25 respectively.
Regulation 3 revokes regulation 2(2) to 2(4) and regulation 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2025.

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Source: https://www.legislation.gov.uk/ssi/2026/42 (the official version)
Page: https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-scotland-regulations-2026
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.