The Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 2009

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) 2009 and shall come into operation on 06 April 2009.

(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 20 (capital limit) of the principal Regulations

2.  In regulation 20(2) (capital limit) of the principal Regulations for “£22,250” substitute “23,000”.

Amendment of regulation 28(1) of the principal Regulations

3.  In regulation 28(1)(3) (calculation of tariff income from capital) of the principal Regulations—

(a) for “£13,500” (both times it appears) substitute “£14,000”; and

(b) for “£22,250” substitute “£23,000”.

Amendment of Schedule 3 to the principal Regulations

4.—(1) In Part 1 of Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 10(1)(4), for “paragraphs 29 and 31, the amount specified in paragraph 15(1) of Schedule 9 to the Income Support Regulations (relevant payments) of” substitute “paragraph 28,”;

(b) in paragraph 10(2), for “paragraph 29” substitute “paragraph 28”; and

(c) in paragraph 27(H)(5)—

(i) in sub-paragraphs (1) and (2), for “£5.45” (each time it appears) substitute “£5.65”;

(ii) in sub-paragraphs (3) and (4), for “£8.15” (each time it appears) substitute “£8.45”.

(2) In Part 2 of Schedule 3 to the principal Regulations (special provisions relating to charitable or voluntary payments and certain pensions)—

(a) omit paragraph 29; and

(b) in paragraph 30, “for paragraphs 10(1) and 11” substitute “paragraph 11”.

Amendment of Schedule 4 to the principal Regulations

5.  In Schedule 4 to the principal Regulations (capital to be disregarded)—

(a) after paragraph 10 insert—

“(10A) Any amount which would be disregarded under paragraph 12A of Schedule 10 to the Income Support Regulations (personal injury payments) with the exception of any payment or any part of any payment that has been specifically identified by a court to deal with the cost of providing care.”; and

(b) for paragraph 19(6) substitute—

“Any amount which falls within paragraph 43(2)(a), and would be disregarded under paragraph 43(1)(a) or (b), of Schedule 10 to the Income Support Regulations.”

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 10th March 2009

L.S.

Christine Jendoubi

A senior officer of the

Castle Buildings

Department of Health, Social Services and Public Safety

10th March 2009