Amendment of the Care and Support (Charging and Assessment of Resources) Regulations 20142

Part 1 of Schedule 1 to the Care and Support (Charging and Assessment of Resources) Regulations 20142 (sums to be disregarded in the calculation of income) is amended as follows—

a

in paragraph 17, for “and as if the reference in paragraph 16(a)” to the end of the paragraph, substitute—

and as if in paragraph 16(a) of Schedule 9 to the Income Support Regulations—

a

the reference to a war disablement pension did not include a reference to a war disablement pension falling within paragraph 17A of this Schedule, and

b

the reference to paragraph 8 or 9 of that Schedule 9 were a reference to paragraph 10 or 11 of this Schedule.

b

after paragraph 17, insert—

17A

1

Any war disablement pension paid to the adult in respect of their service in the armed forces, other than—

a

any amount of such pension which is to be disregarded under paragraph 10 or paragraph 11 of this Schedule,

b

any award of constant attendance allowance.

2

In this paragraph—

  • “constant attendance allowance” means the allowance described in article 8 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 20063,

  • “war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under—

    1. a

      an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 20034,

    2. b

      the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.