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The Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1998

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Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 11th May 1998.

(2) In these regulations “the principal regulations” means the Health and Personal Social Services (Assessment of Resources) Regulations (Northern Ireland) 1993(1).

Amendment of regulation 2 of the principal regulations

2.  In regulation 2(1) of the principal regulations (interpretation) after the definition of “the Order” there shall be inserted—

“the 1992 Order” means the Registered Homes (Northern Ireland) Order 1992(2);.

Amendment of regulation 17 of the principal regulations

3.  After paragraph (5) of regulation 17 of the principal regulations (notional income) there shall be inserted the following paragraph—

(6) A resident shall be treated as possessing any income paid or due to be paid by a third party to a person, who is required to be registered to carry on a residential care home or nursing home pursuant to Article 4 or 17 of the 1992 Order, in respect of some or all of the cost of maintaining the resident in that home.

Amendment of regulation 25 of the principal regulations

4.  In regulation 25 of the principal regulations (notional capital)—

(a)after paragraph (1)(b), there shall be added the following—

or

(c)any sum to which paragraph 43(a) of Schedule 10 to the Income Support Regulations (disregard of compensation for personal injuries which is administered by the Court)(3) refers.;

(b)in paragraph (3)(a), for the words “regulation 51(2)”(4) there shall be substituted the words “regulation 51(2)(c)”.

Amendment of Schedule 4 to the principal regulations

5.  At the end of Schedule 4 to the principal regulations (capital to be disregarded) there shall be added the following paragraph—

19.  Any amount which would be disregarded under paragraph 43(a) of Schedule 10 to the Income Support Regulations (disregard of compensation for personal injuries which is administered by the Court)..

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

Paul A. Conliffe

Assistant Secretary

3rd April 1998.

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