Explanatory note

The Care and Support (Charging and Assessment of Resources) Regulations 2014 (“the 2014 Regulations”), made under Part 1 of the Care Act 2014, make provision about the powers of local authorities to charge adults for meeting their care or support needs (or both). Before a local authority may make a charge for meeting such needs, it must carry out a financial assessment of the adult’s financial resources. The 2014 Regulations make provision about the carrying out of the financial assessment, and specify sums which must be disregarded by the local authority in calculating an adult’s income and capital.

The 2014 Regulations provide that only the first £10 of a war disablement pension received by an adult (in essence any retired pay or pension or allowance payable in respect of disablement arising from service prior to 6th April 2005) must be disregarded in calculating the adult’s income.

These Regulations amend the 2014 Regulations to provide that any war disablement pension paid to an adult in respect of the adult’s own service in the armed forces (with the exception of any allowance for constant attendance which is awarded in cases of significant disability) must be disregarded in full.

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