The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to England, amend the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 (“the Personal Requirements Regulations”) and the National Assistance (Assessment of Resources) Regulations 1992 (“the Assessment Regulations”). They come into force on 6th April 2010 for the purposes of regulation 5 and on 12th April 2010 for all other purposes.

Regulation 2 amends the Personal Requirements Regulations so that the weekly sum which local authorities in England are to assume, in the absence of special requirements, that residents in accommodation arranged under Part 3 of the National Assistance Act 1948 (“the 1948 Act”) will need for their personal requirements is increased to £22.30.

Regulations 3 to 5 amend the Assessment Regulations, which concern the assessment of the liability of a person to pay for residential accommodation that is provided, or proposed to be provided, to that person by a local authority under Part 3 of the 1948 Act.

Regulation 3 increases the capital limit set out in regulation 20 to £23,250. It also increases the capital limits set out in regulation 28(1) to £14,250 and £23,250.

Regulation 4 provides for an increase to £5.75 (£8.60 if a resident has a partner) in the amount of any savings credit to be disregarded in accordance with paragraph 28H of Schedule 3 to the Assessment Regulations.

Regulation 5 makes two further amendments to the Assessment Regulations.

Paragraph (3) is a consequential amendment made as a result of amendments (“the amendments”) to the Income Support (General) Regulations 2007 which come into force on 6th April 2010. The earnings disregard for claimants in receipt of a disability premium is linked to retirement age and, prior to the amendments coming into force, ceased when the claimant reached the age of 60. As a result of the amendments, the age at which a disability premium is paid has changed so that entitlement will be aligned with the qualifying age for state pension credit. Regulation 5(3) makes the changes necessary to align the provisions.

Paragraph (5) amends the Assessment Regulations so that the capital disregard for the value of premises occupied by a partner or family member of a resident applies in relation to all partners (and not just those who are aged 60 or over or are incapacitated) and only in relation to other family members and relatives who are aged 60 or over or are incapacitated.

A full impact assessment has not been produced for this instrument as no impact on business, charities or voluntary bodies is foreseen.