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

S.I. 2004/760 · Made 15 March 2004

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.

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 1948f1 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1948 c. 29; section 22(5) of the National Assistance Act 1948 (“the 1948 Act”) 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 (c. 30), and by section 86 of, and paragraph 32 of Schedule 10 to, the Social Security Act 1986 (c. 50).

Contents

  1. 1Citation, commencement, interpretation and application
  2. 2Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003
  3. 3Amendment of regulation 20 of the Assessment Regulations
  4. 4Amendment of regulation 28(1) of the Assessment Regulations
  5. 5Amendment of Schedule 3 to the Assessment Regulations
  6. 6Revocation
  7. Signature
  8. Explanatory note

1Citation, 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 1992f1.

(3)

These Regulations apply to England onlyf2.

2Amendment 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 2003f1, for the amount “£17.50” substitute the amount “£18.10”.

3Amendment 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”.

4Amendment 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”.

5Amendment 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.”.

6Revocation

The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2003f1 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.