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Statutory Instruments of the Scottish Parliament
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Scottish Statutory Instruments
2011 No. 123
National Assistance Services
The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2011
Made
18th February 2011
Laid before the Scottish Parliament
22nd February 2011
Coming into force
11th April 2011
Citation, commencement and extent
1.-(1) These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2011 and come into force on 11th April 2011.
(2) These Regulations extend to Scotland only.
Sum needed for personal requirements
2. For the purposes of section 22(4) of the National Assistance Act 1948, as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 (the amount which a local authority shall assume that a person will need for their personal requirements per week), the amount prescribed is £22.60.
Revocation
3. The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2010(3) are revoked.
SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
18th February 2011
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) and (4) of the Social Work (Scotland) Act 1968 ("the 1968 Act") requires a local authority to assume in assessing a person's liability to pay for accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 that they will need for their personal requirements such sum per week as may be prescribed by regulations.
These Regulations prescribe the sum will be £22.60 per week.
These Regulations revoke the National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2010 which previously prescribed £22.30 as the sum persons were assumed to need for personal requirements per week.
1948 c.29; section 64(1) of the National Assistance Act 1948 contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made. 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 exercisable within devolved competence were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).
1968 c.49 ("the 1968 Act"). Section 87(3) of the 1968 Act was amended by the Social Security Act 1980 (c.30), Schedule 4, paragraph 5(1); the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 20(2); the Social Security Act 1986 (c.50), Schedule 10, paragraph 41(2); the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), Schedule 9, paragraph 10(13); the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ("the 2003 Act"), section 28(1) and by the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 62(2). Section 87(4) of the 1968 Act was amended by the 1990 Act, Schedule 9, paragraph 10(13) and by the 2003 Act, section 28(1). 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 National Assistance Act 1948.