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Scottish Statutory Instruments
2019 No. 191
National Assistance Services
The National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2019
Made
28th May 2019
Laid before the Scottish Parliament
30th May 2019
Coming into force
28th June 2019
Citation, commencement, interpretation and extent
1.-(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2019 and come into force on 28 June 2019.
(2) In these Regulations "the principal Regulations" means the National Assistance (Assessment of Resources) Regulations 1992(3).
(3) These Regulations extend to Scotland only.
Amendment to schedule 4 of the principal Regulations
2. In schedule 4 of the principal Regulations (capital to be disregarded), after paragraph 27(4) insert–
"28. Any ex gratia payment made at the discretion of the Scottish Ministers from the Advance Payment Scheme which the Scottish Ministers set up in respect of cases of historical child abuse in care."
JEANE FREEMAN
A member of the Scottish Government
St Andrew's House,
Edinburgh
28th May 2019
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992 (SI 1992/2977) ("the principal Regulations"). The principal Regulations concern the assessment of the ability of a person 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 amends schedule 4 of the principal Regulations to provide that an ex gratia discretionary payment made to a resident in terms of the Advance Payment Scheme for historical child abuse in care cases shall be disregarded as capital in the financial assessment of the resident's resources.
(1)
1948 c.29 (11 and 12 Geo. 6 c.29) ("the 1948 Act"). Section 22(5) was relevantly amended by the Social Security Act 1980 (c.30), schedule 4, paragraph 2(1). 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).
(2)
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.
(3)
S.I. 1992/2977 relevantly amended by S.I. 1993/964, 1993/2230, 1995/858, 2005/708 and S.S.I. 2001/138, 2003/156, 2003/425, 2006/113 and 2009/381.
(4)
Paragraph 27 was inserted by S.I. 2005/708 reg. 6 (April 11, 2005).