2004 No.2328

NATIONAL ASSISTANCE SERVICES, ENGLAND

The National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2004

Made

Laid before Parliament

Coming into force

The Secretary of State for Health, in exercise of the powers conferred by section 22(5) of the National Assistance Act 19481 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and application1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2004 and shall come into force on 4th October 2004.

2

In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 19922.

3

These Regulations apply to England only.

Amendment of regulation 2 of the principal Regulations2

In paragraph (1) of regulation 2 of the principal Regulations (interpretation), in the appropriate alphabetical position, there shall be inserted—

  • “the health service” has the same meaning as in section 128(1) of the National Health Service Act 19773;

Amendment of Schedule 3 to the principal Regulations3

In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 28I, insert the following paragraph—

28J

Any payment made to the resident under section 63(6)(b) of the Health Services and Public Health Act 1968 (“the 1968 Act”)4 (travelling and other allowances to persons availing themselves of instruction) for the purpose of meeting childcare costs where the instruction is provided pursuant to—

a

section 63(1)(a) of the 1968 Act; or

b

section 63(1)(b) of the 1968 Act and where the resident is employed, or has it in contemplation to be employed, in an activity involved in or connected with a service which must or may be provided or secured as part of the health service.

Amendment of Schedule 4 to the principal Regulations4

In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 24, add the following paragraphs—

25

Any payment made to the resident under section 2 or 3 of the Age-Related Payments Act 2004 (entitlement: basic or special cases)5.

26

Any payment made to the resident under section 63(6)(b) of the Health Services and Public Health Act 1968 (“the 1968 Act”) (travelling and other allowances to persons availing themselves of instruction) for the purpose of meeting childcare costs where the instruction is provided pursuant to—

a

section 63(1)(a) of the 1968 Act; or

b

section 63(1)(b) of the 1968 Act and where the resident is employed, or has it in contemplation to be employed, in an activity involved in or connected with a service which must or may be provided or secured as part of the health service.

Signed by authority of the Secretary of State

Stephen LadymanParliamentary Under Secretary of State,,Department of Health

(This note is not part of the Regulations)

These Regulations further amend 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 that is provided, or proposed to be provided, to him by a local authority under Part 3 of the National Assistance Act 1948.

Regulation 3 makes provision for payments made under section 63(6)(b) of the Health Services and Public Health Act 1968 (“the 1968 Act”) to a resident to meet childcare costs to be disregarded as income where he is undertaking instruction connected with the health service by virtue of arrangements made under that section.

Regulation 4 makes provision for payments made under section 2 or 3 of the Age-Related Payments Act 2004 to be disregarded as capital. It also introduces a capital disregard for payments made under section 63(6)(b) of the 1968 Act to meet childcare costs where the resident is undertaking instruction connected with the health service by virtue of arrangements made under that section.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.