This Statutory Instrument has been made in consequence of a defect in S.I. 2009/462(C.31) and is being issued free of charge to all known recipients of that Statutory Instrument.
2009 No. 580 (C. 40)
The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Amendment Order 2009
Made
Laid before Parliament
Coming into force
The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 161(3) and 167(1) and (3) of the Health and Social Care Act 20081.
Citation, commencement, extent and interpretation1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Amendment Order 2009 and shall come into force on 1st April 2009.
2
This Order extends to England and Wales.
3
In this Order, “the Order” means the Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 20092.
Amendment of the Order2
1
The Order is amended in accordance with this article.
2
In article 1 (citation, commencement, extent, application and interpretation) insert at the end of paragraph (4) “except that the amendment made by paragraph 2 of Schedule 5 applies in relation to England only”.
3
In Schedule 5 (minor and consequential amendments), for paragraph 2 substitute―
2
In Schedule 4 to the National Assistance (Assessment of Resources) Regulations 19923 (capital to be disregarded)—
a
in paragraph 2(2) for “whom the resident is liable to maintain by virtue of section 42(1) of the National Assistance Act 1948 (liability to maintain wife or husband and children)” substitute “of the resident”; and
b
after sub-paragraph (2) insert—
3
In this paragraph a reference to a child shall be construed in accordance with section 1 of the Family Law Reform Act 19874.
Signed by authority of the Secretary of State for Health.
(This note is not part of the Order)