The National Assistance (Charges for Accommodation) (Scotland) Regulations 1992

• Citation: S.I. 1992/700
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Assistance (Charges for Accom modation) (Scotland) Regulations 1992 and shall come into force on 6th April 1992.

(2) These Regulations shall extend to Scotland only.

(3) In these Regulations—

“ the Act ” means the National Assistance Act 1948;

“Personal Injuries Scheme”, “Service Pensions Instrument” and “1914-1918 War Injuries Scheme” have the same meanings as in the Social Security (Overlapping Benefits) Regulations 1979 ;

a reference to a section of the Act is a reference to the section as applied by section 87(3) of the Social Work (Scotland) Act 1968 for the purposes of accommodation provided under that Act or under section 7 of the Mental Health (Scotland) Act 1984 .

Section 2 Revocation

The National Assistance (Charges for Accommodation) (Scotland) Regulations 1991 are hereby revoked.

Section 3 Minimum charges

(1) Subject to paragraph (2), the liability of a person under section 22(3) of the Act (minimum liability in respect of accommodation) to pay for accommodation provided for him shall in no case be reduced below the sum of £43.30 per week.

(2) Where accommodation is provided for a child accompanied by a person over the age of 16, the liability of that person under section 22(3) and (7) of the Act to pay for the accommodation of that child shall in no case be reduced below whichever of the following sums is appropriate, that is to say—

(a) in respect of a child under the age of 11, the sum of £14.55 per week;

(b) in respect of a child aged 11 years or over but under the age of 16, the sum of £21.40 per week.

Section 4 Sum needed for personal requirements

The sum which a local authority shall under section 22(4) of the Act assume that a person needs for his personal requirements shall be £10.85 per week except that, where that person is someone to whom there is payable—

(a) attendance allowance under the provisions of section 35 of the Social Security Act 1975 ;

(b) constant attendance allowance under any Personal Injuries Scheme, Service Pen sions Instrument or any 1914-18 War Injuries Scheme; or

(c) disability living allowance by virtue of entitlement to the care component under section 37ZB of the Social Security Act 1975 ,

that sum shall be increased by the amount of the allowance for each week the allowance is payable.