1994 No. 826

NATIONAL ASSISTANCE SERVICES

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.

Virginia BottomleyOne of Her Majesty’s Principal Secretaries of StateDepartment of Health

(This note is not part of the Regulations)

These Regulations set out the weekly sums which local authorities are, in the absence of special circumstances, to asume that residents in accommodation arranged under Part III of the National Assistance Act 1948, the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984 will need for their personal requirements.

From 11th April 1994, all residents will be assumed to need £13.10 per week for their personal requirements, and for residents required to pay a protected amount calculated in accordance with Part III of Schedule 1 to the National Assistance (Assessment of Resources) Regulations 1992 for the period immediately before 11th April there is added to the allowance of £13.10 any attendance allowance, constant attendance allowance or care component of any disability living allowance, unless that amount is otherwise disregarded (regulation 2).

These Regulations supersede the National Assistance (Sums for Personal Requirements) Regulations 1993 (which provided for the sum residents were assumed to need from 1st April 1993) which are revoked.