Explanatory note

These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”).

The principal Regulations concern the assessment of the ability of a person to pay for accommodation arranged by local authorities under Part 3 of the National Assistance Act 1948.

Regulation 2 and regulation 3(a) amend the principal Regulations in the light of the Civil Partnership Act 2004. The Civil Partnership Act 2004 provides that two people of the same sex may form a civil partnership and makes provision for civil partners to be treated in the same or similar way as spouses in relation to certain benefits and obligations.

Regulation 3(b) and regulation 4(a) amend the Schedules to the principal Regulations which deal with income and capital disregards to take account of the commencement of the Adoption and Children Act 2002.

Regulation 4(b) makes provision for payments made under Part 2 or 3 of the Age-Related Payments Regulations 2005 to be disregarded as capital.

These Regulations do not impose a charge on business.