The Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 2010

Citation and commencement

1.—(1) These Regulations may be cited as the Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 2010.

(2) Regulations 3, 6, 7(c) and 8 shall come into operation on 6th April 2010.

(3) The remaining Regulations shall come into operation on 12th April 2010.

Interpretation

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

3.  In regulation 2(1) of the principal Regulations (interpretation), at the appropriate place, insert—

““qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act (Northern Ireland) 2002; and

“relative” has the same meaning as in the Income Support Regulations;”.

Amendment of regulation 20 of the principal Regulations

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

Amendment of regulation 28(1) of the principal Regulations

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

(a) for “£14,000” (both times it appears) substitute “£14,250”; and

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

Amendment of Schedule 2 to the principal Regulations

6.  In Schedule 2 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings), in sub-paragraph (2) of paragraph 3—

(a) in paragraph (b), for “the age of 60” substitute “the qualifying age”; and

(b) in paragraph (c), for “the age of 60”, in each place where it occurs, substitute “the qualifying age”.

Amendment of Schedule 3 to the principal Regulations

7.  In paragraph 27(H)(4) of Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in sub-paragraphs (1) and (2), for “£5.65” (each time it appears) substitute “£5.75”;

(b) in sub-paragraphs (3) and (4), for “£8.45” (each time it appears) substitute “£8.60”; and

(c) in sub-paragraph (6), paragraph (b) is omitted.

Amendment of Schedule 4 to the principal Regulations

8.  In Schedule 4 to the principal Regulations (capital to be disregarded), for paragraph 2(5) substitute—

“2.   The value of any premises—

(a) which would be disregarded under paragraph 2 or 4(b) of schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a former partner); or

(b) occupied in whole or in part as their home by the resident’s—

(i) partner,

(ii) other family member or relative who is aged 60 or over or is incapacitated, or

(iii) child.”

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 8th March 2010

(L.S.)

Christine Jendoubi

A senior officer of the

Castle Buildings

Department of Health, Social Services and Public Safety

8th March 2010