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The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2003
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- 2003 No. 627
- Explanatory Note
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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 concern the assessment of the ability of a person to pay for accommodation arranged by local authorities under Part 3 of the National Assistance Act 1948.
Regulation 2 inserts several new definitions into, and removes one from, the principal Regulations.
Regulation 3 amends the principal Regulations so that the capital limit set out in regulation 20 becomes £19,500. Regulation 4 amends the principal Regulations so that the capital limits set out in regulation 28(1) become £12,000 and £19,500.
Regulation 5 changes the reference from invalid care allowance, which will no longer exist, to carer’s allowance, which replaces it.
Regulations 6(a) and 7(c) provide for certain payments made by a local authority to or on behalf of a resident in respect of housing service charges to be disregarded as income or capital in the financial assessment. They further provide that the amount of payments made by the resident to the local authority under the Local Authorities (Charges for Specified Welfare Services) (England) Regulations 2003 shall be disregarded as income or capital.
Regulation 6(b) provides an income disregard for guardian’s allowance and child tax credit.
Regulation 7(a) provides a capital disregard for the value of a dwelling which the claimant has ceased to occupy following estrangement or divorce where the dwelling is still occupied as a home by the former partner who is a lone parent.
Regulation 7(b) provides a capital disregard for any arrears, or any concessionary payment to compensate for arrears due to the non-payment of tax credits for a period of 52 weeks.
Regulation 8 revokes the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2002 (which provided the capital limits set out in regulations 20 and 28(1) from 8th April 2002).
These Regulations do not impose a charge on business.
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