Regulation 4 Amendment of Schedule 3 to the principal Regulations

(1)

In paragraph 10 of Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)–

(a)

in sub-paragraph (1), for “(charitable or voluntary payments) of any charitable payment or of any voluntary payment” substitute “(relevant payments) of any relevant payment”;

(b)

in sub-paragraph (2), for “charitable payment or voluntary payment” substitute “relevant payment”; and

(c)

after sub-paragraph (2), insert–

“(3)

In this paragraph, “relevant payment” means–

(a)

a charitable payment;

(b)

a voluntary payment;

(c)

a payment (not falling within sub-paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the resident;

(d)

a payment under an annuity purchased–

(i)

pursuant to any agreement or court order to make payments to the resident; or

(ii)

from funds derived from a payment made,

in consequence of any personal injury to the resident; or

(e)

a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the resident in consequence of any personal injury to the resident.”.

(2)

After paragraph 28H^f1 of Schedule 3 to the principal Regulations, insert–

“28I.

(1)

Subject to sub-paragraph (2), any payment made by a local authority under section 12B (direct payments in respect of community care services) of the Social Work (Scotland) Act 1968^f2 to or on behalf of the resident.

(2)

Where the payment or, as the case may be, any proportion of it is made to meet or contribute towards the costs of that resident’s residential accommodation, sub-paragraph (1) shall not apply to that payment or, as the case may be, to the proportion of it.”.

(3)

In paragraph 30 of Schedule 3 to the principal Regulations–

(a)

at the beginning, insert “(1)”;

(b)

for “charitable or voluntary payments” substitute “relevant payments”; and

(c)

at the end, insert–

“(2)

In this paragraph “relevant payment” has the same meaning as in paragraph 10(3).”.

Annotations

Footnotes

f1: Paragraph 28H was inserted into the principal Regulations by S.S.I. 2003/425.
f2: 1968 c. 49. Section 12B was inserted by the Community Care (Direct Payments) Act 1996 (c. 30), section 4, and amended by the Regulation of Care (Scotland) Act 2001 (asp 8), section 70, and the Community Care and Health (Scotland) Act 2002 (asp 5), section 7.