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Regulation 4 Amendment of the National Assistance (Assessment of Resources) Regulations 1992

Original text. Later amendments are not shown.

(1)

The National Assistance (Assessment of Resources) Regulations 1992f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2 (interpretation)—

(a)

after the definition of “partner” insert—

  • ““pension age disability payment” means disability assistance for older people given in accordance with the Pension Age Disability Payment Regulations,

  • “Pension Age Disability Payment Regulations” means the Disability Assistance for Older People (Scotland) Regulations 2024f2,”,

(b)

in the definition of “short-term assistance” after “Adult Disability Payment Regulations”, insert “or Part 1 of the schedule of the Pension Age Disability Payment Regulations”.

(3)

In paragraph 3 of schedule 2 (sums to be disregarded in the calculation of earnings)—

(a)

in sub-paragraph (2)(b)(i) after “severe disablement allowance” insert “, pension age disability payment”,

(b)

after sub-paragraph (2)(b)(vii) insert—

“(viii)

would be in receipt of pension age disability payment had the amount to which the individual is entitled not been reduced to £0 in accordance with regulation 19 (effect of admission to a care home) or regulation 24 (entitlement beginning while in alternative accommodation) of the Pension Age Disability Payment Regulations due to the individual being resident in a care home for more than 28 days; or”,

(c)

after sub-paragraph (3) insert—

“(4)

In sub-paragraph (2)(b)(viii), “care home” has the meaning given in regulation 2 of the Pension Age Disability Payment Regulations.”.

(4)

In paragraph 6 of schedule 3 (sums to be disregarded in the calculation of income other than earnings)—

(a)

at the end of sub-paragraph (f) omit “or”,

(b)

after (g) insert—

“(h)

pension age disability payment or short-term assistance under Part 1 of the schedule of the Pension Age Disability Payment Regulations”.

Annotations

Footnotes

f1

S.I. 1992/2977 relevantly amended by S.I. 1993/2230, S.I. 1995/858, S.S.I. 2021/73, and S.S.I. 2022/31.

f2

S.S.I. 2024/166.