# The National Assistance (Assessment of Resources) (Amendment) Regulations 1993, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”).
Regulation 3 inserts a new Regulation 6A into the principal Regulations to take account of the implementation of the Child Support Act 1991. Child support maintenance payments which are made to a resident in respect of a child living with the resident are to be treated as income other than earnings.
Regulation 4 amends regulations 11, 14, 15 and 21 of the principal Regulations to correct a minor drafting error which occurs in each of those provisions.
Regulation 5 makes amendments to regulations 16, 17, 22 and 25 of and paragraph 8 of Schedule 1 to the principal Regulations in relation to the treatment of payments by a third party towards the cost of a resident’s accommodation. These provide that voluntary payments in respect of any arrears due to a local authority which are made over directly to the authority are not to be taken into account, payments of income in respect of such arrears which are made over initially to the resident are to be treated as capital, and payments of capital in connection with the liability of the resident to pay for accommodation are otherwise to be treated as income.
Two new trust funds, the Independent Living (Extension) Fund and the Independent Living (1993) Fund, have been established, and regulation 6 makes an amendment to regulation 22 of the principal Regulations which is consequential upon the establishment of those funds.
Regulation 7 amends regulation 27 of the principal Regulations relating to the treatment of jointly held beneficial interests in land. This is to correct a drafting error in that provision, and the relevant provision has also been redrafted to make clear that any incumbrance secured on the whole beneficial interest should not be disregarded when valuing the resident’s share.
Regulation 8(1) corrects an error in paragraph 1 of Schedule 2 to the principal Regulations to provide that the relevant part of that paragraph is to continue to have effect after a period of interruption in the resident’s employment as a self-employed earner has ended. Regulation 8(2) and (3) amends Schedule 2 to the principal Regulations to enable residents in receipt of a carer premium under the income support scheme or of an invalid care allowance to qualify for the higher earnings disregard.
Regulation 9 substitutes a new paragraph 2 of Schedule 10 to the principal Regulations to require local authorities to disregard the value of any premises occupied in whole or in part by a child whom the resident is liable to maintain by virtue of section 42(1) of the National Assistance Act 1948, in addition to the amounts previously disregarded under the original paragraph.

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Source: https://www.legislation.gov.uk/uksi/1993/964/note (the official version)
Page: https://openlegislation.uk/national-assistance-assessment-of-resources-amendment-regulations-1993/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.