The National Assistance (Assessment of Resources) (Amendment) (Wales) Regulations 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 Principal Regulations”).

The Principal Regulations concern the assessment of the ability of a person (“the resident”) to pay for the accommodation arranged by local authorities under Part III of the National Assistance Act 1948. Part III accommodation is arranged for persons aged 18 or over who, by reason of age, illness, disability or any other circumstances, are in need of care and attention which is not otherwise available to them, and for expectant and nursing mothers in similar need.

The Principal Regulations provide that a resident shall be assessed as able to pay for Part III accommodation at the standard rate if that resident’s capital, calculated in accordance with the Principal Regulations, exceeds an upper capital limit of £20,000. These regulations amend the Principal Regulations to increase the upper capital limit from £20,000 to £20,500. The Principal Regulations also provide for the calculation of a resident’s income to take account of capital within a band between the upper capital limit and a lower capital limit. These Regulations amend the upper and lower capital limits. Each £250 or part of £250 within this band is treated as equivalent to weekly income of £1.

Regulation 3 makes increases to the amount of Savings Credit to be disregarded in calculating a resident’s income. It also makes a minor amendment to remove an unintended effect in the regulation as first enacted.

Regulation 4 revokes the regulation by which the capital limits were amended in 2003.