The National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2003

Amendment of Schedule 3 to the principal Regulations

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

(a) in paragraph 17—

(i) in sub-paragraph (a) after “(permitted allowances)” insert “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002(1)”;

(ii) at the end add the following sub-paragraph—

“(2) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.”;

(b) after paragraph 28G, insert the following paragraphs—

“28H.— (1) Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee—

(a) the amount of that savings credit where the amount received is £4.50 or less; or

(b) £4.50 of that savings credit where the amount received is greater than £4.50.

(2) Where a resident—

(a) has no partner;

(b) has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £4.50.

(3) Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee—

(a) the amount of that savings credit where the amount received is £6.75 or less; or

(b) £6.75 of that savings credit where the amount received is greater than £6.75.

(4) Subject to sub-paragraph (5) where a resident—

(a) has a partner;

(b) has—

(i) attained the age of 65; or

(ii) has attained the qualifying age and his partner has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £6.75.

(5) Where the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, sub-paragraph (4) does not apply to the resident.

(6) For the purposes of this paragraph—

(a) a resident has a partner if he would be considered to have a partner for the purposes of the Pension Credit Regulations(2);

(b) “qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002(3);

(c) “qualifying income” shall be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the resident’s qualifying income shall include any qualifying income of his partner;

(d) “standard minimum guarantee” means, for the purposes of—

(i) sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and

(ii) sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations 2002.

28I.   Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19(1)(b) or (c) of the Coal Industry Act 1994.”.

(1)

2002 c. 38.

(2)

S.I. 2002/1792 (“the 2002 Regulations”). In the 2002 Regulations a member of a married or unmarried couple is referred to as a partner and both members are referred to as partners (see regulation 1(3)). The phrases “married couple” and “unmarried couple” for the purposes of the 2002 Regulations are defined in section 17 of the State Pension Credit Act 2002 (c. 16). A “married couple” means a man and woman who are married to each other and are members of the same household. An “unmarried couple ” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances. Regulation 5 of the 2002 Regulations sets out circumstances when persons are not treated as being members of the same household.

(3)

2002 c. 16. See section 1(6) for the meaning of “qualifying age” and section 17(1) for the meaning of “pensionable age” .