The Care and Support (Charging) and (Financial Assessment) (Wales) (Miscellaneous Amendments) Regulations 2022

Amendment of the Care and Support (Financial Assessment) (Wales) Regulations 2015

3.  The Care and Support (Financial Assessment) (Wales) Regulations 2015(1) are amended as follows—

(a) in Part 1 (sums to be disregarded) of Schedule 1 (sums to be disregarded in the calculation of income)—

(i) for paragraph 30 substitute—

“30.— (1) Any payment which would be disregarded under paragraph 39 of Schedule 9 to the Income Support Regulations (the Fund, the Macfarlane Trusts and other trusts and Funds and the Independent Living Fund).

(2) Any payment made under—

(a) the Wales Infected Blood Support Scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006(2) and administered by the Velindre NHS Trust; or

(b) the Northern Ireland Infected Blood Support Scheme administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(3).”;

(ii) after paragraph 44 insert—

“44A.   Any payment made to A under the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021(4).

44B.   Any payment made to A under the Victims’ Payments Regulations 2020(5).”;

(b) in Schedule 2 (capital to be disregarded)—

(i) for paragraph 20 substitute—

“20.— (1) Any amount which would be disregarded under paragraphs 21 to 24 of Schedule 10 to the Income Support Regulations (charge or commission for converting capital into sterling, the Macfarlane Trusts, the Fund and the Independent Living Fund, value of the right to receive personal or occupational pension, value of funds under personal pension scheme and rent).

(2) Any payment made under—

(a) the Wales Infected Blood Support Scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006 and administered by the Velindre NHS Trust; or

(b) the Northern Ireland Infected Blood Support Scheme administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.”;

(ii) after paragraph 35 insert—

“36.   Any payment made to A under the Historical Institutional Abuse (Northern Ireland) Act 2019(6).

37.   Any payment made to A under the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.

38.   Any payment made to A under the Victims’ Payments Regulations 2020.

39.   Any payment made to A under the payment scheme for former British child migrants established by the Secretary of State.”

(1)

S.I. 2015/1844 (W. 272), amended by S.I. 2017/214 (W. 58) and S.I. 2019/234 (W. 53).

(2)

2006 c. 42.

(3)

2009 c. 1 (N.I.).

(4)

2021 asp 15.

(5)

S.I. 2020/103.

(6)

2019 c. 31.