The National Assistance (Assessment of Resources) (Amendment No. 2) (Wales) Regulations 2005

Welsh Statutory Instruments

2005 No. 3288 (W.251)

NATIONAL ASSISTANCE SERVICES, WALES

The National Assistance (Assessment of Resources) (Amendment No. 2) (Wales) Regulations 2005

Made

29 November 2005

Coming into force

6 December 2005

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred upon the Secretary of State by section 22(5) of the National Assistance Act 1948(1) and now vested in the National Assembly for Wales(2).

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No. 2) (Wales) Regulations 2005.

(2) These Regulations come into force on 6 December 2005.

(3) In these Regulations, “the Principal Regulations” (“y Prif Reoliadau”) means the National Assistance (Assessment of Resources) Regulations 1992(3).

(4) These Regulations apply to Wales.

Amendments to Schedule 4 of the Principal Regulations (Capital to be disregarded)

2.  In Schedule 4 of the Principal Regulations, after paragraph 27, add the following paragraph—

“28.   Any payment made to the resident under regulations made under section 7 of the Age-Related Payments Act 2004(4) (power to provide future payments).”

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

D. Elis-Thomas

The Presiding Officer of the National Assembly

29 November 2005

Explanatory Note

(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 determine the way that local authorities assess the ability of a person to pay for the accommodation which local authorities arrange under Part III of the National Assistance Act 1948.

Regulation 2 amends the Principal Regulations to allow for certain age-related payments made under section 7 of the Age-Related Payments Act 2004 to be disregarded as capital by local authorities.

(1)

1948 c. 29; section 22(5) of the National Assistance Act 1948 was amended by section 39(1) of and paragraph 6 of Schedule 6 to the Ministry of Social Security Act 1966 (c. 20), by section 35(2) of and paragraph 3(b) of Schedule 7 to the Supplementary Benefits Act 1976 (c. 71), by section 20 of and paragraph 2 of Schedule 4 to the Social Security Act 1980 (c. 30), and by section 86 of and paragraph 32 of Schedule 10 to the Social Security Act 1986 (c. 50).

(2)

The functions of the Secretary of State under section 22(5) of the National Assistance Act 1948 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I. 1992/2977; relevant amending instruments are S.I. 1996/602, S.I. 2002/ 814(W.94) and S.I. 2003/897 (W. 117).

(4)

2004 c. 10.

(5)

1998 c. 38.