# The National Assistance (Assessment of Resources)(Amendment No. 2)(Wales) Regulations 2003, Regulation 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.”

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Source: https://www.legislation.gov.uk/wsi/2003/2530/regulation/3 (the official version)
Page: https://openlegislation.uk/national-assistance-assessment-of-resourcesamendment-no-2wales-regulations-2003/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.