The National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2019

Document Number:2019 No. 191
Coming into force:Coming into force on the 28/06/2019
 
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Scottish Statutory Instruments

National Assistance Services

Made

28 th May 2019

Laid before the Scottish Parliament

30 th May 2019

Coming into force

28 th June 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(5) of the National Assistance Act 1948(1) , as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968(2) , and all other powers enabling them to do so.

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

    28 th May 2019

    EXPLANATORY NOTE

    (This note is not part of the Order)

    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...

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