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The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2004

S.S.I. 2004/106 · Made 8 March 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL ASSISTANCE SERVICES

Made 8th March 2004

Laid before the Scottish Parliament 10th March 2004

Coming into force 12th April 2004

The Scottish Ministers, in exercise of the powers conferred by section 22(4) of the National Assistance Act 1948f1 as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968f2, and of all other powers enabling them on that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1948 c. 29; section 64(1) of the National Assistance Act 1948 defines the term “prescribed”; section 87(4) of the Social Work (Scotland) Act 1968 (c. 49) substitutes the term “Secretary of State” for the term “Minister”. The functions of the Secretary of State so far as they are exercisable in Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

f2

1968 c. 49; section 87(3) was amended by the Social Security Act 1980 (c. 30) Schedule 4, paragraph 5; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20; the Social Security Act 1986 (c. 50), section 66, 68 and Schedule 10, paragraph 41 and the National Health Service and Community Care Act 1990 (c. 19), section 66 and Schedule 9, paragraph 10(13). By virtue of section 87(3) of the 1968 Act accommodation provided under that Act or under section 7 of the Mental Health (Scotland) Act 1984 (c. 36) is regarded as accommodation provided under Part III of the 1948 Act.

Contents

  1. 1Citation, commencement and extent
  2. 2Sum needed for personal requirements
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2004 and shall come into force on 12th April 2004.

(2)

These Regulations extend to Scotland only.

2Sum needed for personal requirements

The sum which, under section 22(4) of the National Assistance Act 1948 as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968, a local authority shall assume that a person will need for his or her personal requirements per week shall be £18.10 (the previous sum was £17.50f1).

3Revocation

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003f1 are hereby revoked.

Signature

TOM McCABE

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

8th March 2004

Explanatory note

(This note is not part of the Regulations)

Section 22(4) of the National Assistance Act 1948 as applied by section 87(3) of the Social Work (Scotland) Act 1968 (“the 1968 Act”) requires a local authority to assume in assessing a person’s ability to pay for accommodation provided under the 1968 Act or section 7 of the Mental Health (Scotland) Act 1984 that he or she will need for his or her personal requirements such sum per week as may be prescribed by regulations.

These Regulations prescribe that from 12 April 2004 that sum will be £18.10 per week.

These Regulations revoke the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2003 (S.S.I. 2003/86) which provided for the sum persons were assumed to need from 7th April 2003.