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

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section22(4) of the National Assistance Act 1948[^f00001], as applied by section87(3) and (4) of the Social Work (Scotland) Act 1968[^f00002], and all other powers enabling them to do so.

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 section22(4) of the National Assistance Act 1948, as applied by section87(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[^f00003] are revoked.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 18th February 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section22(4) of the National Assistance Act 1948 as applied by section87(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 section25 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.

Footnotes

[^f00001]: 1948 c.29; section64(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. Section87(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 section53 of the Scotland Act 1998 (c.46).

[^f00002]: 1968 c.49 (“the 1968 Act”). Section87(3) of the 1968 Act was amended by the Social Security Act 1980 (c.30), Schedule4, paragraph5(1); the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section20(2); the Social Security Act 1986 (c.50), Schedule10, paragraph41(2); the National Health Service and Community Care Act 1990 (c.19) (“the1990 Act”), Schedule9, paragraph10(13); the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp13) (“the2003 Act”), section28(1) and by the Adult Support and Protection (Scotland) Act 2007 (asp10), section62(2). Section87(4) of the 1968 Act was amended by the 1990 Act, Schedule9, paragraph10(13) and by the 2003 Act, section28(1). By virtue of section87(3) of the 1968 Act, accommodation provided under that Act or under section25 of the 2003 Act is regarded as accommodation provided under Part III of the National Assistance Act 1948.

[^f00003]: S.S.I. 2010/74.