The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to England only, amend the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 (“the Personal Requirements Regulations”) and the National Assistance (Assessment of Resources) Regulations 1992 (“the Assessment Regulations”).

Regulation 2 amends the Personal Requirements Regulations so that the weekly sum which local authorities in England are to assume, in the absence of special requirements, that residents in accommodation arranged under Part 3 of the National Assistance Act 1948 (“the 1948 Act”) will need for their personal requirements is £21.15.

Regulations 3 to 6 amend the Assessment Regulations, which concern the assessment of the liability of a person to pay for residential accommodation that is provided, or proposed to be provided, to him by a local authority under Part 3 of the 1948 Act.

Regulation 3 amends the Assessment Regulations so that the capital limit set out in regulation 20 becomes £22,250.

Regulation 4 amends the Assessment Regulations so that the capital limits set out in regulation 28(1) become £13,500 and £22,250.

Regulation 5(1)(b) provides for an increase to £5.45 (£8.15 if a resident has a partner) in the amount of any savings credit to be disregarded in accordance with paragraph 28H of Schedule 3 to the Assessment Regulations.

Regulations 5(1)(a) and (2) amend paragraphs 10, 30 and 31 of Schedule 3 to the Assessment Regulations in order to reflect amendments made to the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the Income Support Regulations”) by the Social Security (Miscellaneous Amendments) (No.4) Regulations 2006 (S.I. 2006/2378) (“the Social Security Regulations”), to provide that, as under the Income Support Regulations, certain charitable and voluntary payments of income are to be disregarded in full in the calculation of income other than earnings.

Regulation 6 amends Schedule 4 to the Assessment Regulations to reflect other amendments made to the Income Support Regulations by the Social Security Regulations. Regulation 6(a) creates, as under the Income Support Regulations, a disregard for any payment made in consequence of any personal injury to a claimant or his or her partner for a period of up to 52 weeks from the day of receipt of the first payment except where that payment is specifically intended to cover the cost of care. Regulation 6(b) enables awards of certain damages to be disregarded where those awards are held subject to the order or direction of the court.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.