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The National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2002
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- UK Statutory Instruments
- 2002 No. 2531
- Explanatory Note
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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 allows all periodical payments received by virtue of any agreement or court order to make personal injury payments to the resident, to the extent that they are not a payment of income, to be treated as income.
Regulation 3 provides that payments of income received from all trusts whose funds derive from personal injury payments to a resident, from an annuity purchased with such funds and those received by virtue of any agreement or court order to make personal injury payments to the resident be disregarded in their entirety when intended and used for any item which was not taken into account when the standard rate was fixed for the accommodation provided. Otherwise £20 of all such income will be disregarded.
Regulation 4 maintains the current position regarding the treatment of arrears of various social security benefits in the financial assessment of a resident’s capital and removes a reference to a paragraph of the Income Support (General) Regulations 1987 which has been revoked.
These Regulations do not impose any charge on business.
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