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

Made11th September 2003

Laid before Parliament11th September 2003

Coming into force6th October 2003

The Secretary of State for Health, in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and application1.

(1)

These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2003 and shall come into force on 6th October 2003.

(2)

In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 19922.

(3)

These Regulations apply to England only3.

Amendment of regulation 2 of the principal Regulations2.

In paragraph (1) of regulation 2 of the principal Regulations (interpretation)—

(a)

insert the following definitions at the appropriate place:

““the Pension Credit Regulations” means the State Pension Credit Regulations 20024;”;

““savings credit” means a savings credit under the State Pension Credit Act 20025;”;

(b)

for the definition of “less dependent resident” substitute—

““less dependent resident” means a resident who is in, or for whom accommodation is proposed to be provided in, premises which are not an establishment which is carried on or managed by a person who is registered under Part II of the Care Standards Act 20006;”.

Amendment of Schedule 3 to the principal Regulations3.

In Schedule 3 to 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 20027”;

(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—

“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,
a sum of £4.50.
(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 sub-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 Regulations8;
(b)
“qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 20029;
(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 2002.
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.”.

Amendment of Schedule 4 to the principal Regulations4.

In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 23, add the following paragraph—

“24.
Any payment made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.”.

Signed by authority of the Secretary of State for Health

Stephen Ladyman

Parliamentary Under Secretary of State,

Department of Health

11th September 2003

(This note is not part of the Regulations)

These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”). The principal Regulations concern the assessment of the ability of a person to pay for accommodation arranged by local authorities under Part 3 of the National Assistance Act 1948.

Regulation 2 inserts two new definitions into, and updates a definition in, the principal Regulations.

Regulation 3 makes provision for payments made in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 to be disregarded as income. It also provides for up to £4.50 of any savings credit to be disregarded (£6.75 if a couple) where an individual has qualifying income not exceeding the standard minimum guarantee, and a sum of £4.50 (£6.75 if a couple) to be disregarded if an individual has qualifying income above the standard minimum guarantee.

Regulation 4 makes provision for payments made in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 to be disregarded as capital.

These Regulations do not impose a charge on business.