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

S.S.I. 2026/42 · Made 29 January 2026

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 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 1948f1, as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968f2, and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1948 c. 29 (11 & 12 Geo. 6) (“the 1948 Act”). Section 22(5) was relevantly amended by paragraph 2(1) of schedule 4 of the Social Security Act 1980 (c. 30). The functions of the Secretary of State so far as exercisable within devolved competence were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

f2

1968 c. 49 (“the 1968 Act”). Section 87(3) of the 1968 Act was amended by section 28(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”) and by section 62(2) of the Adult Support and Protection (Scotland) Act 2007 (asp 10). Section 87(4) of the 1968 Act was amended by section 28(1) of the 2003 Act. By virtue of section 87(3) of the 1968 Act, accommodation provided under that Act or under section 25 of the 2003 Act is regarded as accommodation provided under Part III of the 1948 Act.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the National Assistance (Assessment of Resources) Regulations 1992
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, 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.

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

(1)

The National Assistance (Assessment of Resources) Regulations 1992f1 are amended in accordance with this regulation.

(2)

In regulation 20 (capital limit)f2 for “£35,500” substitute “£36,750”.

(3)

In regulation 28(1) (calculation of tariff income from capital)f3—

(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)f4—

(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”.

3Revocation

Regulations 2(2) to 2(4) and 3 of the National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2025f1 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.