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The National Assistance (Assessment of Resources) Regulations 1992

S.I. 1992/2977 · Made 30 November 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been amended by S.I. 1993/964 and is being free of chrage to all known recipients of S.I. 1992/2977.

NATIONAL ASSISTANCE SERVICES

Made 30th November 1992

Laid before Parliament 4th December 1992

Coming into force 1st April 1993

In exercise of the powers conferred by section 22(5) of the National Assistance Act 1948f1 and of all other powers enabling me in that behalf, I hereby make the following Regulations:—

Annotations to the whole text

Footnotes

f1

1948 c. 29; section 22(5) was amended by section 39(1) of and paragraph 6 of Schedule 6 to the Ministry of Social Security Act 1966 (c. 20), by section 35(2) of and paragraph 3(b) of Schedule 7 to the Supplementary Benefits Act 1976 (c. 71), by section 20 of and paragraph 2 of Schedule 4 to the Social Security Act 1980, and by section 86 of and paragraph 32 of Schedule 10 to the Social Security Act 1986 (c. 50). As respects Scotland, section 22(5) of the 1948 Act is applied by section 87(3) of the Social Work (Scotland) Act 1968 (c. 49), as amended by paragraph 10(13) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19), in respect of accommodation provided under either the 1968 Act or section 7 of the Mental Health (Scotland) Act 1984 (c. 36).

Contents

  1. Part I: GENERAL
  2. 1Citation and Commencement
  3. 2Interpretation
  4. 3Assessing a resident’s ability to pay
  5. 4Rounding of fractions
  6. 5Payment by less dependent residents
  7. 6Liable relatives
  8. 7Students
  9. 8Transitional provisions
  10. Part II: TREATMENT OF INCOME
  11. 9Calculation of income
  12. 10Earnings of self-employed earners
  13. 11Calculation of net profit of self-employed earners
  14. 12Weekly amount of net profit of self-employed earners
  15. 13Earnings of employed earners
  16. 14Calculation of net earnings of employed earners
  17. 15Calculation of income other than earnings
  18. 16Capital treated as income
  19. 17Notional income
  20. 18Calculation of income derived from employed earners' employment and income other than earnings
  21. 19Weekly amount of income derived from employed earners' income and income other than earnings
  22. Part III: TREATMENT OF CAPITAL
  23. 20Capital limit
  24. 21Calculation of capital
  25. 22Income treated as capital
  26. 23Calculation of capital in the United Kingdom
  27. 24Calculation of capital outside the United Kingdom
  28. 25Notional capital
  29. 26Diminishing notional capital rule
  30. 27Capital jointly held
  31. 28Calculation of tariff income from capital
  32. Part IV: LIABLE RELATIVES
  33. 29Interpretation
  34. 30Treatment of liable relative payments
  35. 31Period over which periodical payments are to be taken into account
  36. 32Period over which payments other than periodical payments are to be taken into account
  37. 33Calculation of the weekly amount of a liable relative payment
  38. 34Liable relative payments to be treated as capital
  39. Part V: STUDENTS
  40. 35Interpretation
  41. 36Calculation of grant income
  42. 37Covenant income where there is no grant income
  43. 38Relationship with amounts disregarded under Schedule 3
  44. 39Treatment of student loans
  45. 40Treatment of access income
  46. Signature
  47. Schedule 1: TRANSITIONAL PROVISIONS
  48. Part I: INTERPRETATION
  49. 1Paragraph 1
  50. Part II: THE FIRST STAGE
  51. 2Paragraph 2
  52. 3Paragraph 3
  53. Part III: THE SECOND STAGE
  54. 4Paragraph 4
  55. 5Paragraph 5
  56. 6Paragraph 6
  57. 7Paragraph 7
  58. 8Paragraph 8
  59. 9Paragraph 9
  60. 10Paragraph 10
  61. 11Paragraph 11
  62. Schedule 2: SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS
  63. 1Paragraph 1
  64. 2Paragraph 2
  65. 3Paragraph 3
  66. 4Paragraph 4
  67. 5Paragraph 5
  68. 6Paragraph 6
  69. Schedule 3: SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
  70. Part I: SUMS TO BE DISREGARDED
  71. 1Paragraph 1
  72. 2Paragraph 2
  73. 3Paragraph 3
  74. 4Paragraph 4
  75. 5Paragraph 5
  76. 6Paragraph 6
  77. 7Paragraph 7
  78. 8Paragraph 8
  79. 9Paragraph 9
  80. 10Paragraph 10
  81. 11Paragraph 11
  82. 12Paragraph 12
  83. 13Paragraph 13
  84. 14Paragraph 14
  85. 15Paragraph 15
  86. 16Paragraph 16
  87. 17Paragraph 17
  88. 18Paragraph 18
  89. 19Paragraph 19
  90. 20Paragraph 20
  91. 21Paragraph 21
  92. 22Paragraph 22
  93. 23Paragraph 23
  94. 24Paragraph 24
  95. 25Paragraph 25
  96. 26Paragraph 26
  97. 27Paragraph 27
  98. 28Paragraph 28
  99. Part II: SPECIAL PROVISIONS RELATING TO CHARITABLE OR VOLUNTARY PAYMENTS AND CERTAIN PENSIONS
  100. 29Paragraph 29
  101. 30Paragraph 30
  102. 31Paragraph 31
  103. Schedule 4: CAPITAL TO BE DISREGARDED
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. 8Paragraph 8
  112. 9Paragraph 9
  113. 10Paragraph 10
  114. 11Paragraph 11
  115. 12Paragraph 12
  116. 13Paragraph 13
  117. 14Paragraph 14
  118. 15Paragraph 15
  119. 16Paragraph 16
  120. 17Paragraph 17
  121. 18Paragraph 18
  122. Explanatory note