1994 No. 826
The National Assistance (Sums for Personal Requirements) Regulations 1994
Made
Laid before Parliament
Coming into force
In exercise of the powers conferred by sections 22(4), 35(1) and 64(1) of the National Assistance Act 19481 (including those provisions as applied by section 87(3) and (4) of the Social Work (Scotland) Act 19682) and as respects England and Wales now vested in me3, the powers conferred on me by section 22(4A) of the National Assistance Act 19484 and of all other powers enabling me in that behalf, I hereby make the following Regulations:—
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 1994 and shall come into force on 11th April 1994.
2
In these Regulations, unless the context otherwise requires—
“the Act” means the National Assistance Act 1948;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19925;
“1914-18 War Injuries Scheme” has the same meaning as in the Social Security (Overlapping Benefits) Regulations 19796;
“Personal Injuries Scheme” and “Service Pensions Instrument” have the same meanings as in the Social Security (Overlapping Benefits) Regulations 19797.
Sums needed for personal requirements2
1
Subject to paragraph (2), the sum which under section 22(4) of the Act a local authority shall assume that a person will need for his personal requirements shall be £13.10 per week.
2
Paragraph (1) shall not apply to a person who, immediately before 11th April 1994, is a person to whom Part III of Schedule 1 to the National Assistance (Assessment of Resources) Regulations 19928 applies and whom a local authority determines is at that time liable to pay for his accommodation a protected amount within the meaning of that Schedule.
3
The sum which under section 22(4) of the Act a local authority shall assume that a person to whom paragraph (2) applies will need for his personal requirements shall be £13.10 per week, except that in the case of any such person to whom there is payable—
a
an attendance allowance by virtue of any entitlement thereto under section 64 of the Contributions and Benefits Act;
b
a constant attendance allowance under any Personal Injuries Scheme, Service Pensions Instrument or any 1914-18 War Injuries Scheme; or
c
the care component of a disability living allowance by virtue of any entitlement thereto under section 72 of the Contributions and Benefits Act,
that sum shall be increased by the amount per week which is payable in respect of that allowance or component, unless that amount is disregarded in an assessment of that person’s income by virtue of regulation 15(2) of, and paragraph 6 of Schedule 3 to, the National Assistance (Assessment of Resources) Regulations 19928.
Revocation3
The National Assistance (Sums for Personal Requirements) Regulations 19939 are hereby revoked.
(This note is not part of the Regulations)