# The National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2004

S.I. 2004/760 · made 15 March 2004

These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the Assessment Regulations”). The Assessment Regulations concern the assessment of the ability of a person to pay for accommodation arranged by local authorities under Part 3 of the National Assistance Act 1948.

Made under: 1948 c. 29 (Section 22)

PDFs: Printed copy https://openlegislation.uk/national-assistance-sums-for-personal-requirements-and-assessment-of-resources-amendment-england-regulations-2004/pdf/uksi_20040760_en.pdf

## Introductory text

NATIONAL ASSISTANCE SERVICES, ENGLAND
Made 15th March 2004
Laid before Parliament 18th March 2004
Coming into force 12th April 2004
The Secretary of State for Health, in exercise of the powers conferred by section 22(4) and (5) of the National Assistance Act 1948 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

## 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2004 and shall come into force on 12th April 2004.
(2) In these Regulations “the Assessment Regulations” means the National Assistance (Assessment of Resources) Regulations 1992.
(3) These Regulations apply to England only.

## 2 Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003

In regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003, for the amount “£17.50” substitute the amount “£18.10”.

## 3 Amendment of regulation 20 of the Assessment Regulations

In regulation 20 (capital limit) of the Assessment Regulations, for the amount “£19,500” substitute the amount “£20,000”.

## 4 Amendment of regulation 28(1) of the Assessment Regulations

In regulation 28(1) (calculation of tariff income from capital) of the Assessment Regulations—
(a) for the amount “£12,000” (both times it appears) substitute the amount “£12,250”; and
(b) for the amount “£19,500” substitute the amount “£20,000”.

## 5 Amendment of Schedule 3 to the Assessment Regulations

In paragraph 28H of Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings) —
(a) in sub-paragraphs (1) and (2), for the amount “£4.50” (each time it appears) substitute the amount “£4.65”;
(b) in sub-paragraphs (3) and (4), for the amount “£6.75” (each time it appears) substitute the amount “£6.95”;
(c) for sub-paragraph (5) substitute the following sub-paragraph—
“(5) Where—
(a) the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, or
(b) the resident’s partner is in receipt of savings credit,
sub-paragraph (4) does not apply to the resident.”.

## 6 Revocation

The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2003 are hereby revoked.

## Signature

Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary State,
Department of Health
15th March 2004

## 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 Assessment Regulations”). The Assessment Regulations concern the assessment of the ability of a person to pay for accommodation arranged by local authorities under Part 3 of the National Assistance Act 1948.
Regulation 2 amends the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 so that the weekly sum which local authorities in England are to assume, in the absence of special requirements, that residents in accommodation arranged under Part 3 will need for their personal requirements is £18.10.
Regulation 3 amends the Assessment Regulations so that the capital limit set out in regulation 20 becomes £20,000. Regulation 4 amends the Assessment Regulations so that the capital limits set out in regulation 28(1) become £12,250 and £20,000.
Regulation 5 provides for an increase to £4.65 of the amount of savings credit to be disregarded in calculating a resident’s income and for an increase to £6.95 of the amount to be disregarded where the resident has a partner. It also provides that the disregard in paragraph 28H(3) of Schedule 3 does not apply where the resident’s partner is in receipt of savings credit.
Regulation 6 revokes the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2003.
These Regulations do not impose a charge on business.

---
Source: https://www.legislation.gov.uk/uksi/2004/760 (the official version)
Page: https://openlegislation.uk/national-assistance-sums-for-personal-requirements-and-assessment-of-resources-amendment-england-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.