# The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Amendment Order 2009

S.I. 2009/580 · made 10 March 2009

This Order amends the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (“the Order”) to amend an error in―article 1 of the Order as regards the application of minor and consequential amendments made to the National Assistance (Assessment of Resources) Regulations 1992 by paragraph 2 of Schedule 5 to the Order (which should apply to England only); andthe wording of the amendment to those Regulations in paragraph 2 of Schedule 5 to the Order.

Made under: Health and Social Care Act 2008 (Section 161, Section 167)

PDFs: Printed copy https://openlegislation.uk/health-and-social-care-act-2008-commencement-no9-consequential-amendments-and-transitory-transitional-and-saving-provisions-amendment-order-2009/pdf/uksi_20090580_en.pdf; Explanatory Memorandum https://openlegislation.uk/health-and-social-care-act-2008-commencement-no9-consequential-amendments-and-transitory-transitional-and-saving-provisions-amendment-order-2009/pdf/uksiem_20090580_en.pdf

## Introductory text

This Statutory Instrument has been made in consequence of a defect in S.I. 2009/462(C.31) and is being issued free of charge to all known recipients of that Statutory Instrument.
Social Care, England
Made 10th March 2009
Laid before Parliament 11th March 2009
Coming into force 1st April 2009
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 161(3) and 167(1) and (3) of the Health and Social Care Act 2008.

## 1 Citation, commencement, extent and interpretation

(1) This Order may be cited as the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Amendment Order 2009 and shall come into force on 1st April 2009.
(2) This Order extends to England and Wales.
(3) In this Order, “the Order” means the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009.

## 2 Amendment of the Order

(1) The Order is amended in accordance with this article.
(2) In article 1 (citation, commencement, extent, application and interpretation) insert at the end of paragraph (4) “except that the amendment made by paragraph 2 of Schedule 5 applies in relation to England only”.
(3) In Schedule 5 (minor and consequential amendments), for paragraph 2 substitute―
“2. In Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 (capital to be disregarded)—
(a) in paragraph 2(2) for “whom the resident is liable to maintain by virtue of section 42(1) of the National Assistance Act 1948 (liability to maintain wife or husband and children)” substitute “of the resident”; and
(b) after sub-paragraph (2) insert—
“(3) In this paragraph a reference to a child shall be construed in accordance with section 1 of the Family Law Reform Act 1987.”.”.

## Signature

Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
10th March 2009

## Explanatory note

(This note is not part of the Order)
This Order amends the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (“the Order”) to amend an error in―
(a) article 1 of the Order as regards the application of minor and consequential amendments made to the National Assistance (Assessment of Resources) Regulations 1992 by paragraph 2 of Schedule 5 to the Order (which should apply to England only); and
(b) the wording of the amendment to those Regulations in paragraph 2 of Schedule 5 to the Order.

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Source: https://www.legislation.gov.uk/uksi/2009/580 (the official version)
Page: https://openlegislation.uk/health-and-social-care-act-2008-commencement-no9-consequential-amendments-and-transitory-transitional-and-saving-provisions-amendment-order-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.