# The National Assistance (Assessment of Resources)(Amendment No. 2)(Wales) Regulations 2003 W.S.I. 2003/2530 · made 1 October 2003 These regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the Principal Regulations”). The Principal Regulations set out the basis on which local authorities assess the ability to pay of persons for whom they arrange accommodation under part 3 of the National Assistance Act 1948. Made under: 1948 c. 29 (Section 22) PDFs: Printed copy https://openlegislation.uk/national-assistance-assessment-of-resourcesamendment-no-2wales-regulations-2003/pdf/wsi_20032530_mi.pdf ## Introductory text NATIONAL ASSISTANCE SERVICES, WALES Made 1st October 2003 Coming into force 6th October 2003 The National Assembly for Wales makes the following regulations in exercise of the powers conferred upon the Secretary of State by section 22(5) of the National Assistance Act 1948 and now vested in the National Assembly for Wales: ## 1 Citation, commencement, interpretation and application (1) These Regulations may be cited as the National Assistance (Assessment of Resources)(Amendment No. 2) (Wales) Regulations 2003 and come into force on 6th October 2003. (2) In these Regulations “the Principal Regulations” (“y prif Reoliadau”) means the National Assistance (Assessment of Resources) Regulations 1992. (3) These Regulations apply to Wales only. ## 2 Amendment of Regulation 2 of the Principal Regulations — Interpretation In paragraph (1) of regulation 2 of the Principal Regulations (interpretation) — (a) insert the following definitions in the appropriate alphabetical sequence— ““the Pension Credit Regulations” means the State Pension Credit Regulations 2002” ““savings credit” means a savings credit under the State Pension Credit Act 2002” (b) for the definition of “less dependent resident” substitute— ““less dependent resident” means a resident who is in, or for whom accommodation is proposed to be provided in, premises which are not an establishment which is carried on or managed by a person who is registered under Part II of the Care Standards Act 2000;”. ## 3 Amendment of Schedule 3 of the principal Regulations — Income disregards In Schedule 3 of the Principal Regulations (sums to be disregarded in the calculation of income other than earnings) (a) in paragraph 17— (i) in sub-paragraph (a), after “(permitted allowances)” insert “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002” (ii) at the end add the following sub-paragraph— “(2) Any payment other than a payment to which sub-paragraph (1)(a) applies, made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.”; (b) After paragraph 28G insert the following paragraphs— “Pension Credit 28H. (1) Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee— (a) the amount of that savings credit where the amount received is £4.50 or less; or (b) £4.50 of that savings credit where the amount received is greater than £4.50. (2) Where a resident— (a) has no partner; (b) has attained the age of 65; and (c) has qualifying income in excess of the standard minimum guarantee, £4.50 of that qualifying income. (3) Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee— (a) the amount of that savings credit where the amount received is £6.75 or less; or (b) £6.75 of that savings credit where the amount received is greater than £6.75. (4) Subject to paragraph (5) where a resident— (a) has a partner; (b) has— (i) attained the age of 65; or (ii) has attained the qualifying age and his partner has attained the age of 65; and (c) has qualifying income in excess of the standard minimum guarantee, a sum of £6.75. (5) Where the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, sub-paragraph (4) does not apply to the resident. (6) For the purposes of this paragraph— (a) a resident has a partner if he would be considered to have a partner for the purposes of the Pension Credit Regulations. (b) “qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002; (c) “qualifying income” shall be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the resident’s qualifying income shall include any qualifying income of his partner. (d) “Standard minimum guarantee” means, for the purposes of — (i) sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and (ii) sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations. 28I. Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19 (1)(b) or (c) of the Coal Industry Act 1994.” ## 4 Amendment of Schedule 4 of the Principal Regulations — Adoption payments In Schedule 4 of the Principal Regulations (capital to be disregarded) after paragraph 23, add the following paragraph— “24. Any payment made to the resident in accordance with regulations made pursuant to paragraph 3 of Schedule 4 of the Adoption and Children Act 2002.”. ## Signature Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 D.Elis-Thomas Presiding Officer of the National Assembly 1st October 2003 ## Explanatory note (This note is not part of the Regulations) These regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the Principal Regulations”). The Principal Regulations set out the basis on which local authorities assess the ability to pay of persons for whom they arrange accommodation under part 3 of the National Assistance Act 1948. As well as amendments to allow residents to benefit from their entitlement to the Savings Credit element of Pension Credit, they make a number of other miscellaneous changes. Regulation 2 inserts two new definitions in relation to Pension Credit and updates another definition in the Principal Regulations. Regulation 3 provides for payments made in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 to be disregarded as income. It also provides for up to £4.50 (or £6.75 for a couple) of any savings credit to be disregarded where an individual has qualifying income not exceeding the standard minimum guarantee. Where an individual has qualifying income above the standard minimum guarantee there is a standard disregard of £4.50 (£6.75 for couples). Regulation 4 provides for payments made in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 to be disregarded as capital. --- Source: https://www.legislation.gov.uk/wsi/2003/2530 (the official version) Page: https://openlegislation.uk/national-assistance-assessment-of-resourcesamendment-no-2wales-regulations-2003 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.