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The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2005

S.I. 2005/3277 · Made 29 November 2005

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 29th November 2005

Laid before Parliament 2nd December 2005

Coming into force

regulations 1, 2 and 3(a) 5th December 2005

regulations 3(b) and 4 30th December 2005

The Secretary of State for Health, in exercise of the powers conferred by section 22(5) of the National Assistance Act 1948f1, 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 principal Regulations
  3. 3Amendment of Schedule 3 to the principal Regulations
  4. 4Amendment of Schedule 4 to the principal Regulations
  5. Signature
  6. Explanatory note

1Citation, commencement, interpretation and application

(1)

These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2005 and shall come into force on 5th December 2005 with the exception of regulations 3(b) and 4 which shall come into force on 30th December 2005.

(2)

In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 1992f1.

(3)

These Regulations apply in relation to England onlyf2.

2Amendment of regulation 2 of the principal Regulations

In paragraph (1) of regulation 2 of the principal Regulations (interpretation) in the definition of “liable relative”, for “or former spouse” substitute “, former spouse, civil partner or former civil partner”.

3Amendment of Schedule 3 to the principal Regulations

In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 10Af1—

(i)

in sub-paragraphs (1)(a) and (3), after “spouse” insert “or civil partner”, and

(ii)

in sub-paragraph (1)(b), after “spouse’s maintenance” insert “or his civil partner for that civil partner’s maintenance”;

(b)

in paragraph 17f2—

(i)

for sub-paragraph (1)(a) substitute—

“(a)

pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002f3”; and

(ii)

for sub-paragraph (2) substitute—

“(2)

Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the resident pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002.”.

4Amendment of Schedule 4 to the principal Regulations

In Schedule 4 to the principal Regulations (capital to be disregarded)—

(a)

for paragraph 24f1 substitute—

“24.

Any payment made to the resident pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002.”; and

(b)

after paragraph 25 insert—

“25A.

ny payment made to the resident under Part 2 (payments to persons over the age of 65) or Part 3 (payments to persons in receipt of guarantee credit) of the Age-Related Payments Regulations 2005f2.”.

Signature

Signed by authority of the Secretary of State for Health

Liam Byrne

Parliamentary Under Secretary of State,

Department of Health

29th November 2005

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 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 and regulation 3(a) amend the principal Regulations in the light of the Civil Partnership Act 2004. The Civil Partnership Act 2004 provides that two people of the same sex may form a civil partnership and makes provision for civil partners to be treated in the same or similar way as spouses in relation to certain benefits and obligations.

Regulation 3(b) and regulation 4(a) amend the Schedules to the principal Regulations which deal with income and capital disregards to take account of the commencement of the Adoption and Children Act 2002.

Regulation 4(b) makes provision for payments made under Part 2 or 3 of the Age-Related Payments Regulations 2005 to be disregarded as capital.

These Regulations do not impose a charge on business.