The National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2002

Amendment of Schedule 3 to the principal Regulations

3.—(1) In paragraph 10 of Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in sub-paragraph (1), for the words “(charitable or voluntary payments) of any charitable payment or of any voluntary payment” there shall be substituted the words “(relevant payments) of any relevant payment”;

(b) in sub-paragraph (2), for the words “charitable payment or voluntary payment” there shall be substituted the words “relevant payment”;

(c) after sub-paragraph (2), there shall be added the following sub-paragraph—

“(3) In this paragraph, “relevant payment” means—

(a) a charitable payment;

(b) a voluntary payment;

(c) a payment (not falling within sub-paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the resident;

(d) a payment under an annuity purchased—

(i) pursuant to any agreement or court order to make payments to the resident; or

(ii) from funds derived from a payment made,

in consequence of any personal injury to the resident; or

(e) a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the resident in consequence of any personal injury to the resident.”.

(2) In paragraph 30 of Schedule 3 to the principal Regulations—

(a) for the words “charitable or voluntary payments” there shall be substituted the words “relevant payments”; and

(b) at the end there shall be added the following sub-paragraph—

“(2) In this paragraph “relevant payment” has the same meaning as in paragraph 10(3).”