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The Care and Support (Charging and Assessment of Resources) (Amendment) (No. 3) Regulations 2022

S.I. 2022/1038 · Made 12 October 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Care, England

Made at 12.35 p.m. on 12th October 2022

Laid before Parliament at 4.00 p.m. on 12th October 2022

Coming into force 2nd November 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 17(7), (11) and (12) and 125(7) of the Care Act 2014f1.

Annotations to the whole text

Footnotes

f1

2014 c. 23.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Care and Support (Charging and Assessment of Resources) Regulations 2014
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Care and Support (Charging and Assessment of Resources) (Amendment) (No. 3) Regulations 2022 and come into force on 2nd November 2022.

(2)

These Regulations extend to England and Wales.

2Amendment of the Care and Support (Charging and Assessment of Resources) Regulations 2014

In Schedule 2 to the Care and Support (Charging and Assessment of Resources) Regulations 2014f1 (capital to be disregarded), after paragraph 41f2 insert—

“42.
(1)

Any payment made to the adult under the Energy Bills Support Scheme.

(2)

In this paragraph “the Energy Bills Support Scheme” means the scheme to provide financial support in respect of energy bills which was announced in Parliament by the Chancellor of the Exchequer on 26th May 2022f3.”.

Signed by authority of the Secretary of State for Health and Social Care

Signature

Neil O’Brien

Parliamentary Under Secretary of State,

Department of Health and Social Care

At 12.35 p.m. on 12th October 2022

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Care and Support (Charging and Assessment of Resources) Regulations 2014 (S.I. 2014/2672) (“the 2014 Regulations”). Schedule 2 to the 2014 Regulations lists categories of capital that must be disregarded by local authorities when calculating someone’s assets for charging purposes.

Regulation 2 inserts a new paragraph 42 into Schedule 2 to the 2014 Regulations. Paragraph 42 provides that payments made to an adult under the Energy Bills Support Scheme (“the Scheme”) are to be disregarded in the calculation of the adult’s capital for the purpose of an assessment of that adult’s financial resources. Under the Scheme financial support is provided to eligible customers in respect of energy bills over winter 2022 to 2023. The Department for Business, Energy & Industrial Strategy has published guidance in relation to the Scheme, which can be found at https://www.gov.uk/guidance/getting-the-energy-bills-support-scheme-discount. Hard copies can be obtained from the Department for Business, Energy & Industrial Strategy, 1 Victoria Street, London SW1H 0ET.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.