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The Care and Support (Financial Assessment) (Wales) Regulations 2015

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  1. Introductory Text

  2. PART 1 General

    1. 1.Title, commencement and application

    2. 2.Interpretation

  3. PART 2 Assessment of financial resources

    1. 3.Information to be provided by local authority

    2. 4.Time limits

    3. 5.Format

    4. 6.Duty to carry out a financial assessment

    5. 7.Circumstances in which there is no duty to carry out a financial assessment

    6. 8.Power to carry out a financial assessment

    7. 9.Financial assessment process

    8. 10.Duty of local authority to carry out a financial assessment of a short-term resident as if the resident is receiving care and support otherwise than the provision of accommodation in a care home

    9. 11.Saving

    10. 12.Rounding of fractions

  4. PART 3 Treatment and calculation of income

    1. 13.Calculation of income

    2. 14.Earnings to be disregarded

    3. 15.Other sums to be disregarded

    4. 16.Capital treated as income

    5. 17.Notional income

  5. PART 4 Treatment and calculation of capital

    1. 18.Calculation of capital

    2. 19.Income treated as capital

    3. 20.Calculation of capital in the United Kingdom

    4. 21.Calculation of capital outside the United Kingdom

    5. 22.Notional capital

    6. 23.Diminishing notional capital rule

    7. 24.Capital jointly held

  6. Signature

    1. SCHEDULE 1

      Sums to be disregarded in the calculation of income

      1. PART 1 Sums to be disregarded

        1. 1.Any amount paid by way of tax on income which...

        2. 2.(1) Subject to sub-paragraph (2), where A has needs for...

        3. 3.(1) Any payment which would be disregarded under paragraph 5...

        4. 4.Any direct payments received by or on behalf of A...

        5. 5.Any payment in respect of any expenses incurred by A,...

        6. 6.Any payment which would be disregarded under paragraph 3 or...

        7. 7.The mobility component of any disability living allowance or the...

        8. 8.Any armed forces independence payment.

        9. 9.Any payment which would be disregarded under paragraph 8 of...

        10. 10.If A is a temporary resident— (a) any attendance allowance;...

        11. 11.Any concessionary payment made to compensate for the non-payment of—...

        12. 12.Any amount which would be disregarded under paragraph 10 or...

        13. 13.Any amount which would be disregarded under paragraph 13 of...

        14. 14.(1) Except where sub-paragraph (2) applies, and subject to paragraphs...

        15. 15.(1) Subject to sub-paragraphs (2) and (3), where A—

        16. 16.Any amount which would be disregarded under paragraph 16 of...

        17. 17.Any guaranteed income payment referred to in article 15(1)(c) of...

        18. 18.Subject to paragraph 46, £10 of any survivor’s guaranteed income...

        19. 19.Any payment which would be disregarded under paragraphs 17 to...

        20. 20.Any income in kind.

        21. 21.(1) Any income derived from capital to which A is...

        22. 22.Any income which would be disregarded under paragraph 23 of...

        23. 23.Any amount which would be disregarded under paragraph 24 of...

        24. 24.(1) Any payment made to A in respect of a...

        25. 25.Any payment which would be disregarded under paragraph 26 or...

        26. 26.Any payment received under an insurance policy, taken out to...

        27. 27.Any payment which would be disregarded under paragraph 31 or...

        28. 28.Any payment of income which under regulation 19 (income treated...

        29. 29.Any payment which would be disregarded under paragraph 33 of...

        30. 30.(1) Any payment which would be disregarded under paragraph 39...

        31. 31.Any payment made under or by the Welsh Independent Living...

        32. 32.Any amount which would be disregarded under paragraphs 40, 43...

        33. 33.(1) Any child benefit, except in circumstances where A is...

        34. 34.Any payment which would be disregarded under paragraph 53 of...

        35. 35.Any payment which would be disregarded under paragraphs 54 to...

        36. 36.Any payment made by a local authority to or on...

        37. 37.Any guardian’s allowance.

        38. 38.Any child tax credit.

        39. 39.Any working tax credit.

        40. 40.(1) Where A is in receipt of savings credit as...

        41. 41.Any payment made to a temporary resident in lieu of...

        42. 42.Any payment made to A under section 63(6)(b) of the...

        43. 43.Any payment made in accordance with regulations made pursuant to...

        44. 44.(1) Where A is a student, any grant or other...

        45. 44A.Any payment made to A under the Redress for Survivors...

        46. 44B.Any payment made to A under the Victims’ Payments Regulations...

      2. PART 2 Special provisions relating to charitable or voluntary payments and certain pensions

        1. 45.Paragraph 14 does not apply to any payment which is...

        2. 46.The total income to be disregarded pursuant to paragraphs 14(2)...

    2. SCHEDULE 2

      Capital to be disregarded

      1. 1.(1) Where A is a temporary resident but not a...

      2. 2.(1) Where A is a permanent resident the value of...

      3. 3.Where A is a permanent resident and there is an...

      4. 4.(1) The value of any premises— (a) which would be...

      5. 5.Where A is a resident who has ceased to occupy...

      6. 6.The value of the proceeds of sale of any premises...

      7. 7.Any future interest in property which would be disregarded under...

      8. 8.Any assets which would be disregarded under paragraph 6 of...

      9. 9.Any amount which would be disregarded under paragraph 7(1) of...

      10. 10.Any arrears of, or any concessionary payment made to compensate...

      11. 11.Any amount which would be disregarded under paragraph 8 or...

      12. 12.Any personal possessions except those which had or have been...

      13. 13.Any amount which would be disregarded under paragraph 11 of...

      14. 14.Any amount which would be disregarded under paragraph 12 of...

      15. 15.Any amount which would be disregarded under paragraph 12A of...

      16. 16.Any amount which would be disregarded under paragraph 13 of...

      17. 17.The value of the right to receive any income which...

      18. 18.Any amount which would be disregarded under paragraph 15, 16,...

      19. 19.Any capital which under regulation 16 (capital treated as income)...

      20. 20.(1) Any amount which would be disregarded under paragraphs 21...

      21. 21.Any amount paid under or by the Welsh Independent Living...

      22. 22.The value of any premises which would be disregarded under...

      23. 23.Any amount which would be disregarded under paragraphs 29 to...

      24. 24.The value of any premises occupied in whole or in...

      25. 25.Any amount which— (a) falls within paragraph 44(2)(a) (damages for...

      26. 26.Any amount which would be disregarded under paragraph 61 of...

      27. 27.Any payment which would be disregarded under paragraph 64 of...

      28. 28.Any payment made by a local authority to or on...

      29. 29.Any payment made to A pursuant to regulations made under...

      30. 30.Any payment made to A under section 2 or 3...

      31. 31.Any payment made to A under Part 2 (payments to...

      32. 32.Any payment made to A under section 63(6)(b) of the...

      33. 33.Any payment made in accordance with regulations made pursuant to...

      34. 34.Any payment made to A under regulations made under section...

      35. 35.Any payment which would be disregarded under paragraph 73 of...

      36. 36.Any payment made to A under the Historical Institutional Abuse...

      37. 37.Any payment made to A under the Redress for Survivors...

      38. 38.Any payment made to A under the Victims’ Payments Regulations...

      39. 39.Any payment made to A under the payment scheme for...

      40. 40.Any payment made under the Energy Bill Support Scheme as...

      41. 41.Any payment made under sections 1, 4 and 5 of...

      42. 42.Any payment made to A by the Ministry of Defence...

  8. Explanatory Note

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