The National Assistance (Assessment of Resources) Regulations 1992

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and Commencement

   2. 2. Interpretation

   3. 3. Assessing a resident’s ability to pay

   4. 4. Rounding of fractions

   5. 5. Payment by less dependent residents

   6. 6. Liable relatives

   7. 7. Students

   8. 8. Transitional provisions

3. PART II TREATMENT OF INCOME

   1. 9. Calculation of income

   2. 10. Earnings of self-employed earners

   3. 11. Calculation of net profit of self-employed earners

   4. 12. Weekly amount of net profit of self-employed earners

   5. 13. Earnings of employed earners

   6. 14. Calculation of net earnings of employed earners

   7. 15. Calculation of income other than earnings

   8. 16. Capital treated as income

   9. 17. Notional income

   10. 18. Calculation of income derived from employed earners' employment and income other than earnings

   11. 19. Weekly amount of income derived from employed earners' income and income other than earnings

4. PART III TREATMENT OF CAPITAL

   1. 20. Capital limit

   2. 21. Calculation of capital

   3. 22. Income treated as capital

   4. 23. Calculation of capital in the United Kingdom

   5. 24. Calculation of capital outside the United Kingdom

   6. 25. Notional capital

   7. 26. Diminishing notional capital rule

   8. 27. Capital jointly held

   9. 28. Calculation of tariff income from capital

5. PART IV LIABLE RELATIVES

   1. 29. Interpretation

   2. 30. Treatment of liable relative payments

   3. 31. Period over which periodical payments are to be taken into account

   4. 32. Period over which payments other than periodical payments are to be taken into account

   5. 33. Calculation of the weekly amount of a liable relative payment

   6. 34. Liable relative payments to be treated as capital

6. PART V STUDENTS

   1. 35. Interpretation

   2. 36. Calculation of grant income

   3. 37. Covenant income where there is no grant income

   4. 38. Relationship with amounts disregarded under Schedule 3

   5. 39. Treatment of student loans

   6. 40. Treatment of access income

7. Signature

8. 1. SCHEDULE 1

      TRANSITIONAL PROVISIONS

      1. PART I INTERPRETATION

         1. 1. In this Schedule, unless the context otherwise requires— “the new...

      2. PART II THE FIRST STAGE

         1. 2. This Part of this Schedule applies to any resident who...

         2. 3. From the date on which these Regulations come into force...

      3. PART III THE SECOND STAGE

         1. 4. (1) Subject to sub-paragraph (2) and paragraph 5, this Part...

         2. 5. This Part of this Schedule shall not apply to—

         3. 6. (1) Subject to paragraph (2), the liability of a resident...

         4. 7. (1) Subject to paragraph 9, following the projected review of...

         5. 8. (1) Subject to the following provisions of this paragraph, once...

         6. 9. Once a resident has been assessed as liable to pay...

         7. 10. Once a resident has been assessed as liable to pay...

         8. 11. If a resident who has been assessed as liable to...

   2. SCHEDULE 2

      SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

      1. 1. In the case of a resident who—

      2. 2. In the case of a resident— (a) who has been...

      3. 3. (1) In a case to which this paragraph applies, the...

      4. 4. In a case to which paragraph 3 does not apply...

      5. 5. Any earnings which would be disregarded under paragraph 11 of...

      6. 6. Any amount which would be disregarded under paragraph 4 of...

   3. SCHEDULE 3

      SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

      1. PART I SUMS TO BE DISREGARDED

         1. 1. Any amount paid by way of tax on income which...

         2. 2. Any payment in respect of any expenses incurred by a...

         3. 3. Any payment which would be disregarded under paragraph 3, 4A...

         4. 4. The mobility component of any disability living allowance.

         5. 5. Any payment which would be disregarded under paragraph 8 of...

         6. 6. If the resident is a temporary resident—

         7. 7. Any concessionary payment made to compensate for the non-payment of—...

         8. 8. Any amount which would be disregarded under paragraph 10 or...

         9. 9. Any amount which would be disregarded under paragraph 13 or...

         10. 10. (1) Except where sub-paragraph (2) applies, and subject to paragraphs...

         11. 11. Any amount which would be disregarded under paragraph 16 of...

         12. 12. Any payment which would be disregarded under paragraphs 17 to...

         13. 13. Any income in kind.

         14. 14. (1) Any income derived from capital to which the resident...

         15. 15. Any income which would be disregarded under paragraph 23 of...

         16. 16. Any amount which would be disregarded under paragraph 24 of...

         17. 17. Any payment made to a resident in respect of a...

         18. 18. Any payment which would be disregarded under paragraph 26 or...

         19. 19. Any payment received under an insurance policy, taken out to...

         20. 20. Any payment which would be disregarded under paragraph 31 of...

         21. 21. Any payment of income which under regulation 22 (income treated...

         22. 22. Any payment which would be disregarded under paragraph 33 of...

         23. 23. Any payment which would be disregarded under paragraph 38 of...

         24. 24. Any payment which would be disregarded under paragraph 39 of...

         25. 25. Any amount which would be disregarded under paragraphs 40 to...

         26. 26. Any payment of income support made towards housing costs determined...

         27. 27. Any housing costs of any temporary resident, including any fuel...

         28. 28. Any council tax benefit.

      2. PART II SPECIAL PROVISIONS RELATING TO CHARITABLE OR VOLUNTARY PAYMENTS AND CERTAIN PENSIONS

         1. 29. Paragraph 10 shall not apply to any payment which is...

         2. 30. For the purposes of paragraph 10(1), where a number of...

         3. 31. The total income to be disregarded pursuant to paragraphs 10(1)...

   4. SCHEDULE 4

      CAPITAL TO BE DISREGARDED

      1. 1. The value of one dwelling (and not more than one...

      2. 2. The value of any premises which would be disregarded under...

      3. 3. The value of the proceeds of sale of any premises...

      4. 4. Any reversionary interest.

      5. 5. Any assets which would be disregarded under paragraph 6 of...

      6. 6. Any amount which would be disregarded under paragraph 7 of...

      7. 7. Any amount which would be disregarded under paragraph 8 or...

      8. 8. Any personal possessions except those which had or have been...

      9. 9. Any amount which would be disregarded under paragraph 11 of...

      10. 10. Any amount which would be disregarded under paragraph 12 of...

      11. 11. Any amount which would be disregarded under paragraph 13 of...

      12. 12. The value of the right to receive any income which...

      13. 13. Any amount which would be disregarded under paragraphs 15, 16,...

      14. 14. Any capital which under regulation 16 or 39 (capital treated...

      15. 15. Any amount which would be disregarded under paragraphs 21 to...

      16. 16. The value of any premises which would be disregarded under...

      17. 17. Any amount which would be disregarded under paragraphs 29 to...

      18. 18. The value of any premises occupied in whole or in...

9. Explanatory Note