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5.—(1) After regulation 16 of the Assessment Regulations, insert the following regulation—
16A.—(1) An amount equivalent to any additional payments made or due to be made by a resident from resources specified in paragraph (2) shall be treated as part of the income of the resident.
(2) The resources specified for the purposes of paragraph (1) are the resources specified in regulation 4(2) of the National Assistance (Residential Accommodation) (Additional Payments, Relevant Contributions and Assessment of Resources) (Wales) Regulations 2003(1) (additional payments from specified resources of relevant residents), except in a case falling within sub-paragraph (c) of that regulation where the additional payments are to be made from the value of the resident’s property which he occupies or formerly occupied as his only or main home.”.
(2) After paragraph (3) of regulation 28 of the Assessment Regulations, insert the following paragraph—
“(4) For the purposes of paragraph (1), where a resident makes additional payments as provided for in regulation 4(2)(b) of the National Assistance (Residential Accommodation) (Additional Payments, Relevant Contributions and Assessment of Resources) (Wales) Regulations 2003(1) (additional payments from capital below the lower capital limit) the resident is to be treated as possessing capital equivalent to any additional payments.”.
S.I. 2003/931 (W.121)
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