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

Amendment of Schedule 3 of the principal Regulations — Income disregards

3.  In Schedule 3 of 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—

“Pension Credit

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,

£4.50 of that qualifying income.

(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 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.

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(4).”

(1)

2002 c. 38.

(2)

S.I. 2002/1792 (“the 2002 Regulations”). In the 2002 Regulations both members of a married or unmarried couple are referred to as “partners” (see regulation 1(3)). The phrases “married couple” and “unmarried couple” are defined, for the purposes of the 2002 Regulations, 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. Regulation 5 of the 2002 Regulations sets out circumstances when a couple who are married are treated as not being 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.

(3)

2002 c. 16.

(4)

1994 c. 21.